Prate Roofing and Installations, LLC v. Liberty Mutual Insurance Corp.

Illinois Supreme Court
Civil Court
Insurance
Citation
Case Number: 
2022 IL 127140
Decision Date: 
Thursday, May 19, 2022
Holding: 
Appellate court judgment reversed, remanded.
Justice: 
MICHAEL J. BURKE

Supreme Court considered whether the Department of Insurance has the authority to resolve a dispute between an insurer and their insured regarding the payment of additional premiums for worker’s compensation coverage. The Supreme Court found that it did under the plain language of section 462 of the Insurance Code and distinguished its holding from the First Districts opinion in CAT Express, 2019 IL App (1st) 181851, which the appellate court incorrectly concluded was dispositive. (ANNE M. BURKE, GARMAN, THEIS, NEVILLE, OVERSTREET and CARTER, concurring)