section 155 extracontractual remedy (Illinois) · Go Syfert
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section 155 extracontractual remedy in Illinois

32 Illinois opinions name it 1 courts 1979–2023 3 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (10)

CaseFollowedCited
Cramer v. Insurance Exchange Agencygreen
ill · 1996 · cited in 9 Illinois opinions naming this issue, 1999–2022
2 sentences

2016In the breach of contract claim, plaintiffs allege that Allstate vexatiously and unreasonably denied payment of insurance benefits to the plaintiffs in breach of its duties and obligations under the homeowners' insurance contract for which they seek contractual damages and statutory penalties under section 155 of the Code. ¶ 25 Section 155 provides an extracontractual remedy to policyholders when an insurer's action in handling a claim is vexatious and unreasonable. 215 ILCS 5/155 (West 2010); Cramer v. Insurance Exchange Agency, 174 Ill. 2d 513, 518-22 , 675 N.E.2d 11 897, 900-02 (1996).

2004Section 155 sets forth a remedy for “insurer misconduct that does not rise to the level of a well-established tort.” Cramer, 174 Ill. 2d at 527 , 675 N.E.2d at 904 .

29
McGee v. State Fam Fire & Casualty Co.green
illappct · 2000 · cited in 8 Illinois opinions naming this issue, 2005–2023
2 sentences

2020“The attorney fees, costs, and limited penalty provisions of section 155 are an extracontractual remedy intended to make suits by policyholders economically feasible and punish insurance companies for misconduct.” McGee, 315 Ill.

2012App. 3d 710, 722 (2010). “ ‘The attorney fees, costs, and limited penalty provisions of section 155 are an extracontractual remedy intended to make suits by policyholders economically feasible and punish insurance companies for misconduct.’ ” Id. at 722-23 (quoting McGee v. State Farm Fire & Casualty Co., 315 Ill.

28
Employers Insurance v. Ehlco Liquidating Trustgreen
ill · 1999 · cited in 3 Illinois opinions naming this issue, 2018–2020
2 sentences

2020App. 3d 539, 556 (1989) (providing that the purpose of section 155 is “not only to aid the insured, but also to discourage insurers from profiting by their superior financial positions while 3 E.g., Ehlco, 186 Ill. 2d at 159 (stating that section 155 provides a remedy where an insurer has acted vexatiously and unreasonably in refusing to defend its insured); West American Insurance Co., 334 Ill.

2020The statute provides, in pertinent part, that “[i]n any action by or against a company wherein there is in issue the liability of a company on a policy or policies of insurance or the amount of the loss payable thereunder, or for an unreasonable delay in settling a claim, and it appears to the court that such action or delay is vexatious and unreasonable, the court may allow as part of the taxable costs in the action reasonable attorney fees, other costs, plus [additional amounts set forth in the statute.]” 215 ILCS 5/155(1) (West 2012). 3 E.g., Ehlco, 186 Ill. 2d at 159 (stating that section

23
Bedoya v. Illinois Founders Insurancegreen
illappct · 1997 · cited in 3 Illinois opinions naming this issue, 2001–2009
2 sentences

2009Bedoya v. Founders Insurance Company, 293 Ill.App.3d 668, 679 , 228 Ill.Dec. 59 , 688 N.E.2d 757, 764 (1997).

2009Bedoya v. Illinois Founders Insurance Co., 293 Ill.

23
West American Insurance v. J.R. Construction Co.green
illappct · 2002 · cited in 2 Illinois opinions naming this issue, 2020–2020
2 sentences

2020App. 3d 539, 556 (1989) (providing that the purpose of section 155 is “not only to aid the insured, but also to discourage insurers from profiting by their superior financial positions while 3 E.g., Ehlco, 186 Ill. 2d at 159 (stating that section 155 provides a remedy where an insurer has acted vexatiously and unreasonably in refusing to defend its insured); West American Insurance Co., 334 Ill.

2020The statute provides, in pertinent part, that “[i]n any action by or against a company wherein there is in issue the liability of a company on a policy or policies of insurance or the amount of the loss payable thereunder, or for an unreasonable delay in settling a claim, and it appears to the court that such action or delay is vexatious and unreasonable, the court may allow as part of the taxable costs in the action reasonable attorney fees, other costs, plus [additional amounts set forth in the statute.]” 215 ILCS 5/155(1) (West 2012). 3 E.g., Ehlco, 186 Ill. 2d at 159 (stating that section

22
Peerless Enterprise, Inc. v. Krusegreen
illappct · 2000 · cited in 2 Illinois opinions naming this issue, 2009–2009
2 sentences

2009Yassin, 133 Ill. 2d at 466 ; Peerless Enterprises, Inc. v. Kruse, 317 Ill.

2009Yassin, 133 Ill. 2d at 466 ; Peerless Enterprises, Inc. v. Kruse, 317 Ill.

22
Calcagno v. Personalcare Health Management, Inc.green
illappct · 1991 · cited in 2 Illinois opinions naming this issue, 2000–2000
2 sentences

2000See Calcagno, 207 Ill.

2000See Calcagno , 207 Ill.

22
Keller v. State Farm Insurancegreen
illappct · 1989 · cited in 1 Illinois opinions naming this issue, 2020–2020
1 sentence

2020O’Connor v. Country Mutual Insurance Co., 2013 IL App (3d) 110870, ¶ 13 ; McGee, 315 Ill. App. 3d at 681 ; see also Keller v. State Farm Insurance Co., 180 Ill. App. 3d 539, 556 (1989) (providing that the purpose of section 155 is “not only to aid the insured, but also to discourage insurers from profiting by their superior financial positions while delaying in the payment of contractual obligations”). ¶ 41 The key question in a section 155 claim is whether an insurer’s conduct is vexatious and unreasonable.

11
Statewide Insurance v. Houston General Insurancegreen
illappct · 2009 · cited in 1 Illinois opinions naming this issue, 2012–2012
1 sentence

2012App. 3d 673, 681 (2000)). ¶ 33 “A court should consider the totality of the circumstances when deciding whether an insurer’s conduct is vexatious and unreasonable, including the insurer’s attitude, *** and whether the insured was deprived of the use of his property.” Statewide Insurance Co. v. Houston General Insurance Co., 397 Ill.

11
Valdovinos v. Gallant Insurancegreen
illappct · 2000 · cited in 1 Illinois opinions naming this issue, 2000–2000
1 sentence

2000Cramer v. Insurance Exchange Agency, 174 Ill. 2d 513, 521 (1996); see also Valdovinos v. Gallant Insurance Co., 314 Ill.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (11)

CaseCitedYears
Yassin v. Certified Grocers of Illinois, Inc. green
ill · 1990
2 sentences

2022Yassin, 133 Ill. 2d at 466 .

2009Yassin, 133 Ill. 2d at 466 ; Peerless Enterprises, Inc. v. Kruse, 317 Ill.

32009–2022
Voyles v. Sandia Mortgage Corp. green
illappct · 2000
2 sentences

2001Voyles, 311 Ill.

2001Voyles , 311 Ill. App. 3d at 655 , 724 N.E.2d at 1281 .

22001–2001
Shell Oil Co. v. AC & S, INC. green
illappct · 1995
2 sentences

2001Shell Oil Co., 271 Ill.

2001Shell Oil Co. , 271 Ill.

22001–2001
O'Connor v. Country Mutual Insurance Co. neutral
illappct · 2014
1 sentence

2020O’Connor v. Country Mutual Insurance Co., 2013 IL App (3d) 110870, ¶ 13 ; McGee, 315 Ill. App. 3d at 681 ; see also Keller v. State Farm Insurance Co., 180 Ill. App. 3d 539, 556 (1989) (providing that the purpose of section 155 is “not only to aid the insured, but also to discourage insurers from profiting by their superior financial positions while delaying in the payment of contractual obligations”). ¶ 41 The key question in a section 155 claim is whether an insurer’s conduct is vexatious and unreasonable.

12020–2020
Uhlich Children's Advantage Network v. National Union Fire Co. of Pittsburgh green
illappct · 2010
1 sentence

2012App. 3d 710, 722 (2010). “ ‘The attorney fees, costs, and limited penalty provisions of section 155 are an extracontractual remedy intended to make suits by policyholders economically feasible and punish insurance companies for misconduct.’ ” Id. at 722-23 (quoting McGee v. State Farm Fire & Casualty Co., 315 Ill.

12012–2012
Loyola University Medical Center v. Med Care HMO green
illappct · 1989
2 sentences

2009Yassin, 133 Ill.2d at 466 , 141 Ill.Dec. 791 , 551 N.E.2d 1319 ; Peerless Enterprise, Inc. v. Kruse, 317 Ill.App.3d 133, 144 , 250 Ill.Dec. 519 , 738 N.E.2d 988 (2000); Garcia, 265 Ill.App.3d at 728 , 203 Ill.Dec. 376 , 639 N.E.2d 935 ; Loyola University Medical Center, 180 Ill.App.3d at 480 , 129 Ill.Dec. 360 , 535 N.E.2d 1125 .

2009Yassin, 133 Ill.2d at 466 , 141 Ill.Dec. 791 , 551 N.E.2d 1319 ; Peerless Enterprise, Inc. v. Kruse, 317 Ill.App.3d 133, 144 , 250 Ill.Dec. 519 , 738 N.E.2d 988 (2000); Garcia, 265 Ill.App.3d at 728 , 203 Ill.Dec. 376 , 639 N.E.2d 935 ; Loyola University Medical Center, 180 Ill.App.3d at 480 , 129 Ill.Dec. 360 , 535 N.E.2d 1125 .

12009–2009
Garcia v. Lovellette green
illappct · 1994
2 sentences

2009Yassin, 133 Ill.2d at 466 , 141 Ill.Dec. 791 , 551 N.E.2d 1319 ; Peerless Enterprise, Inc. v. Kruse, 317 Ill.App.3d 133, 144 , 250 Ill.Dec. 519 , 738 N.E.2d 988 (2000); Garcia, 265 Ill.App.3d at 728 , 203 Ill.Dec. 376 , 639 N.E.2d 935 ; Loyola University Medical Center, 180 Ill.App.3d at 480 , 129 Ill.Dec. 360 , 535 N.E.2d 1125 .

2009Yassin, 133 Ill.2d at 466 , 141 Ill.Dec. 791 , 551 N.E.2d 1319 ; Peerless Enterprise, Inc. v. Kruse, 317 Ill.App.3d 133, 144 , 250 Ill.Dec. 519 , 738 N.E.2d 988 (2000); Garcia, 265 Ill.App.3d at 728 , 203 Ill.Dec. 376 , 639 N.E.2d 935 ; Loyola University Medical Center, 180 Ill.App.3d at 480 , 129 Ill.Dec. 360 , 535 N.E.2d 1125 .

12009–2009
Perfection Carpet, Inc. v. State Farm Fire & Casualty Co. green
illappct · 1994
1 sentence

1995In Perfection Carpet, Inc. v. State Farm Fire & Casualty Co. (1994), 259 Ill.

11995–1995
Stamps v. Caldwell green
illappct · 1971
2 sentences

1981However, in this case, the plaintiff was not an insured, but was a third-party claimant on a policy issued by Travelers, and as Travelers concedes, the remedies of section 155 are not available to third-party claimants. ( Stamps v. Caldwell (1971), 133 Ill. App.2d 524 , 273 N.E.2d 489 ; Scroggins v. Allstate Insurance Co. (1979), 74 Ill. App.3d 1027 , 393 N.E.2d 718 .) Therefore, even if section 155 would bar an outrage suit by an insured against its insurer, it cannot possibly preclude this suit by this plaintiff, who is not entitled to partake of the benefits accorded by section 155.

1981However, in this case, the plaintiff was not an insured, but was a third-party claimant on a policy issued by Travelers, and as Travelers concedes, the remedies of section 155 are not available to third-party claimants. ( Stamps v. Caldwell (1971), 133 Ill. App.2d 524 , 273 N.E.2d 489 ; Scroggins v. Allstate Insurance Co. (1979), 74 Ill. App.3d 1027 , 393 N.E.2d 718 .) Therefore, even if section 155 would bar an outrage suit by an insured against its insurer, it cannot possibly preclude this suit by this plaintiff, who is not entitled to partake of the benefits accorded by section 155.

11981–1981
Scroggins v. Allstate Insurance Co. green
illappct · 1979
2 sentences

1981However, in this case, the plaintiff was not an insured, but was a third-party claimant on a policy issued by Travelers, and as Travelers concedes, the remedies of section 155 are not available to third-party claimants. ( Stamps v. Caldwell (1971), 133 Ill. App.2d 524 , 273 N.E.2d 489 ; Scroggins v. Allstate Insurance Co. (1979), 74 Ill. App.3d 1027 , 393 N.E.2d 718 .) Therefore, even if section 155 would bar an outrage suit by an insured against its insurer, it cannot possibly preclude this suit by this plaintiff, who is not entitled to partake of the benefits accorded by section 155.

1981However, in this case, the plaintiff was not an insured, but was a third-party claimant on a policy issued by Travelers, and as Travelers concedes, the remedies of section 155 are not available to third-party claimants. ( Stamps v. Caldwell (1971), 133 Ill. App.2d 524 , 273 N.E.2d 489 ; Scroggins v. Allstate Insurance Co. (1979), 74 Ill. App.3d 1027 , 393 N.E.2d 718 .) Therefore, even if section 155 would bar an outrage suit by an insured against its insurer, it cannot possibly preclude this suit by this plaintiff, who is not entitled to partake of the benefits accorded by section 155.

11981–1981
Urfer v. COUNTRY MUTUAL INSURANCE green
illappct · 1978
1 sentence

1979Mr. Presiding Justice Mills, concurring in part and dissenting in part, said ( 60 Ill.

11979–1979

Statutes the citing opinions construe

IL § 215 ILCS 5/155 (28) IL § 735 ILCS 5/2-1005 (6) IL § 215 ILCS 5/154.6 (4) IL § 815 ILCS 505/1 (4) IL § 735 ILCS 5/2-615 (3) IL § 815 ILCS 205/2 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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