Skokie Castings, Inc. v. Ill. Insurance Guaranty Fund

This case presents question as to whether trial court properly granted plaintiff-self-insured employer's motion for summary judgment in action seeking declaration that defendant-Insurance Fund improperly terminated excess workers compensation payments (that had previously been provided to one of plaintiff's former employees pursuant to policy that plaintiff had with insolvent insurer) after notifying said employee that statutory $300,000 cap under 215 ILCS section 5/537.2 applied to employee's claim. Appellate Court, in affirming trial court, found that: (1) self-insured employer's claim for indemnification against insolvent excess insurer constituted "workers compensation claim" for purposes of applying exception to $300,000 statutory cap found in 215 ILCS section 5/537.2; (2) defendant-Fund was liable for all excess payments paid to employee by plaintiff since excess insurer had gone into liquidation; and (3) defendant was liable for future excess payments to employee pursuant to her prior workers compensation award.