4220 Kildare, LLC v. Regent Insurance Co.

Illinois Appellate Court
Civil Court
Pre-Judgment Interest
Post-Judgment Interest
Citation
Case Number: 
2022 IL App (1st) 210803
Decision Date: 
Wednesday, August 31, 2022
District: 
1st Dist.
Division/County: 
3d Div./Cook Co.
Holding: 
Affirmed in part and reversed in part; remanded with directions.
Justice: 
McBRIDE

Plaintiff appealed arguing that the trial court erred in determining that it was not entitled to pre-judgment or post-judgment interest. The appellate court first considered the language of section 2 of the Interest Act and concluded that the trial court properly determined that the damages requested by the plaintiff were not liquidated or easily computable and, as a result, that the terms of the insurance policy leading to the underlying claim precluded prejudgment interest. The court next considered the trial court’s denial of post-judgment interest under section 2-1303 of the Code of Civil Procedure, found the plaintiff was entitled to interest, and remanded with directions to calculate the proper amount of post-judgment interest owed. (GORDON and BURKE, concurring)