Continental Western Insurance Co. v. Knox County EMS, Inc.

Illinois Appellate Court
Civil Court
Workers' Compensation
Citation
Case Number: 
2016 IL App (1st) 143083
Decision Date: 
Thursday, March 31, 2016
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Reversed and remanded.
Justice: 
GORDON

Plaintiff ambulance service company has its regular place of business in Indiana, but its drivers also make trips into Illinois to pick up patients and take them to Indiana for treatment. Plaintiff's employee, while in Illinois to pick up a patient, was injured in a car accident, and filed workers' compansation claims in Indiana and Illinois. Section 4(a)(3) of Workers' Compensation Act does not require Plaintiff to purchase separate workers' compensation insurance in Illinois to insure its entire liability, but requires that employer acquire mandated insurance from a carrier authorized, licensed or permitted to do insurance business in Illinois, and that insurance covers all employees and the entire compensation liability. Policy endorsement's exclusion is inapplicable, as Plaintiff had no other workers' compensation insurance coverage in Illinois and was not self-insured in Illinois, and as Illinois does not require that Plaintiff maintain a "separate" insurance policy for its liability under the Act.(REYES and LAMPKIN, concurring.)