Skokie Castings, Inc. v. Illinois Insurance Guaranty Fund

Illinois Supreme Court
Civil Court
Case Number: 
2013 IL 113873
Decision Date: 
October 18, 2013
1st Dist.
Cook co.
Appellate court affirmed.
Claims under policies providing excess coverage for workers' compensation awards are exempt from $300,000 statutory cap on obligation of Illinois Insurance Guaranty Fund to pay any particular claim. Claims under excess coverage policies purchased by the employer were not subject to statutory cap. Guaranty Fund had improperly terminated payments for injured employee's workers' compensation award after cap was reached. Guaranty Fund was obligated to reimburse employer for all workers' compensation payments it had made to its injured employee following liquidation of employer's workers' compensation carrier. (FREEMAN, GARMAN, BURKE, and THEIS, concurring; KILBRIDE and THOMAS, dissenting.)