Illinois Legislature Outsmarts Illinois Court of Appeals

Governor signs amendment to § 143.24d making arbitration of small auto property claims mandatory but not binding.   In 2013, Illinois enacted a new statute requiring the mandatory arbitration of collision subrogation claims involving less than $2,500. 215 I.L.C.S. § 5/143.24d. The new § 143.24d required mandatory, binding arbitration of smaller property subrogation cases between…

7,540 Reasons To Include Your Insured’s Deductible In Your Subrogation Claim

Insured motorists are called upon every day to pay their deductibles in order for their carriers to cover the necessary repairs to their motor vehicles after accidents. Many carriers refuse to include those deductibles in the subrogated claims they make against the other motorists involved in accidents with their insureds. Because they are left on…

District Of Columbia Plans To Limit Time For Compensation Carrier To File Subrogation Suit

On June 27, 2013, the Council of the District of Columbia enacted emergency and temporary legislation resulting in an amendment to § 32-1535 which narrows the window during which a workers’ compensation carrier has to file a third-party action. An injured employee had six months after accepting a workers’ compensation award in which to file…