section 155 costs (Illinois) · Go Syfert
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section 155 costs in Illinois

25 Illinois opinions name it 2 courts 1990–2023 5 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 (11)

CaseFollowedCited
Employers Insurance v. Ehlco Liquidating Trustgreen
ill · 1999 · cited in 8 Illinois opinions naming this issue, 2009–2023
2 sentences

2023Uhlich Children’s Advantage Network, 398 Ill. App. 3d at 723. - 47 - ¶ 131 SPCA relies on Employers Insurance of Wausau v. Ehlco Liquidating Trust, 186 Ill. 2d 127, 160-61 (1999), where the court granted the insured’s request for fees and costs under section 155 due to the insurer’s delay of one year and four months between when the insurer was notified of the claim against the insured and when the insurer filed a declaratory action regarding coverage, while the insured settled the underlying case on its own.

2018Plaintiff cites the well-settled proposition that "[g]enerally, an abuse of discretion standard is utilized to review a circuit court's decision to award attorney fees and costs under section 155." Employers Insurance of Wausau , 186 Ill. 2d at 160 , 237 Ill.Dec. 82 , 708 N.E.2d 1122 .

68
Cramer v. Insurance Exchange Agencygreen
ill · 1996 · cited in 2 Illinois opinions naming this issue, 2013–2023
2 sentences

2023Hoover v. Country Mutual Insurance Co., 2012 IL App (1st) 110939, ¶ 40 ; see also, Cramer v. Insurance Exchange Agency, 174 Ill. 2d 513, 522-23 (1996) (“[T]he statute provides an extracontractual remedy for policyholders who have suffered unreasonable and vexatious conduct by insurers with respect to a claim under the policy.

2013Cramer v. Insurance Exchange Agency, 174 Ill. 2d 513, 523-24 (1996). ¶ 29 “An insurer will not be liable for attorney fees and costs under section 155 of the [Insurance] Code merely because it litigated and lost the issue of insurance coverage.” American States Insurance Co. v. CFM Construction Co., 398 Ill.

22
Keller v. State Farm Insurancegreen
illappct · 1989 · cited in 2 Illinois opinions naming this issue, 1999–1999
2 sentences

1999See, e.g., Keller v. State Farm Insurance Co., 180 Ill.

1999See, e.g. , Keller v. State Farm Insurance Co. , 180 Ill.

22
Valdovinos v. Gallant Insurancegreen
illappct · 2000 · cited in 4 Illinois opinions naming this issue, 2006–2010
2 sentences

2010Valdovinos v. Gallant Insurance Co., 314 Ill.App.3d 1018, 1021 , 248 Ill.Dec. 211 , 733 N.E.2d 886 (2000).

2010Valdovinos v. Gallant Insurance Co., 314 Ill.

14
Statewide Insurance v. Houston General Insurancegreen
illappct · 2009 · cited in 2 Illinois opinions naming this issue, 2012–2023
2 sentences

2023Statewide Insurance Co. v. Houston General Insurance Co., 397 Ill.

2012Id. ¶ 35 Based on the record, we cannot say Travelers acted in a vexatious and unreasonable -7- manner in settling the claim on the American 7150 crane because a bona fide coverage dispute exists.

12
Siwek v. Whitegreen
illappct · 2009 · cited in 2 Illinois opinions naming this issue, 2010–2010
2 sentences

2010Siwek v. White, 388 Ill.App.3d 152, 159-60 , 328 Ill.Dec. 744 , 905 N.E.2d 278 (2009).

2010Siwek v. White, 388 Ill.

12
Roppo v. Travelers Companiesgreen
ilnd · 2015 · cited in 1 Illinois opinions naming this issue, 2021–2021
1 sentence

2021Binding Illinois Supreme Court precedent holds that penalties under section 155 are only available to the insured, not to third parties who are strangers to the policy. 3 See Yassin v. Certified Grocers of Illinois, Inc., 133 Ill. 2d 458, 466 (1990) (dismissing plaintiff’s third-party claim under section 155); Stamps v. Caldwell, 133 Ill. App. 2d 524, 528 (1971) (same); Roppo, 100 F. Supp. 3d at 652 (“the remedy embodied in section 155 of the Insurance Code does not extend to third parties”). ¶ 56 We conclude that the circuit court properly granted summary judgment in State Farm’s favor with r

11
Yassin v. Certified Grocers of Illinois, Inc.green
ill · 1990 · cited in 1 Illinois opinions naming this issue, 2021–2021
1 sentence

2021Binding Illinois Supreme Court precedent holds that penalties under section 155 are only available to the insured, not to third parties who are strangers to the policy. 3 See Yassin v. Certified Grocers of Illinois, Inc., 133 Ill. 2d 458, 466 (1990) (dismissing plaintiff’s third-party claim under section 155); Stamps v. Caldwell, 133 Ill. App. 2d 524, 528 (1971) (same); Roppo, 100 F. Supp. 3d at 652 (“the remedy embodied in section 155 of the Insurance Code does not extend to third parties”). ¶ 56 We conclude that the circuit court properly granted summary judgment in State Farm’s favor with r

11
Stamps v. Caldwellgreen
illappct · 1971 · cited in 1 Illinois opinions naming this issue, 2021–2021
1 sentence

2021Binding Illinois Supreme Court precedent holds that penalties under section 155 are only available to the insured, not to third parties who are strangers to the policy. 3 See Yassin v. Certified Grocers of Illinois, Inc., 133 Ill. 2d 458, 466 (1990) (dismissing plaintiff’s third-party claim under section 155); Stamps v. Caldwell, 133 Ill. App. 2d 524, 528 (1971) (same); Roppo, 100 F. Supp. 3d at 652 (“the remedy embodied in section 155 of the Insurance Code does not extend to third parties”). ¶ 56 We conclude that the circuit court properly granted summary judgment in State Farm’s favor with r

11
State Farm Mutual Automobile Insurance v. Smithgreen
ill · 2001 · cited in 1 Illinois opinions naming this issue, 2013–2013
1 sentence

2013App. 3d 994, 1003 (2010). “[W]here a bona fide dispute concerning coverage exists, costs and sanctions [under section 155] are inappropriate.” State Farm Mutual Automobile Insurance Co. v. Smith, 197 Ill. 2d 369, 380 (2001).

11
American States Ins. Co. v. CFM Const. Co.green
illappct · 2010 · cited in 1 Illinois opinions naming this issue, 2013–2013
1 sentence

2013Cramer v. Insurance Exchange Agency, 174 Ill. 2d 513, 523-24 (1996). ¶ 29 “An insurer will not be liable for attorney fees and costs under section 155 of the [Insurance] Code merely because it litigated and lost the issue of insurance coverage.” American States Insurance Co. v. CFM Construction Co., 398 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 (9)

CaseCitedYears
Illinois Founders Insurance Company v. Williams green
illappct · 2015
2 sentences

2020Illinois Founders Insurance Co. v. Williams, 2015 IL App (1st) 122481, ¶ 29 ; Certain Underwriters at Lloyd’s, London v. Abbott Laboratories, 2014 IL App (1st) 132020 , ¶ 68.

2020Illinois Founders Insurance Co. v. Williams, 2015 IL App (1st) 122481, ¶ 29 , 31 N.E.3d 311 .

22020–2020
Marcheschi v. Illinois Farmers Insurance green
illappct · 1998
2 sentences

2001In the demand, defendant stated that he sought arbitration of those claims “in light of the decision of the First District Appellate Court in Marcheschi v. Illinois Farmers Insurance Co., 298 Ill.

2001In the demand, defendant stated that he sought arbitration of those claims "in light of the decision of the First District Appellate Court in Marcheschi v. Illinois Farmers Insurance Co. , 298 Ill.

22001–2001
Hoover v. Country Mutual Insurance Company green
illappct · 2012
2 sentences

2023Hoover, 2012 IL App (1st) 110939, ¶ 41 . ¶ 54 III.

2023Hoover v. Country Mutual Insurance Co., 2012 IL App (1st) 110939, ¶ 40 ; see also, Cramer v. Insurance Exchange Agency, 174 Ill. 2d 513, 522-23 (1996) (“[T]he statute provides an extracontractual remedy for policyholders who have suffered unreasonable and vexatious conduct by insurers with respect to a claim under the policy.

12023–2023
Country Mutual Insurance Co. v. Olsak green
illappct · 2022
1 sentence

2022Finally, we affirm the circuit court’s denial of the award of attorney’s fees and costs pursuant to section 155 of the Insurance Code because Country Mutual’s conduct was not unreasonable or vexatious. ¶ 118 Affirmed. - 44 - 2022 IL App (1st) 200695 Decision Under Review: Appeal from the Circuit Court of Cook County, No. 05-CH-2618; the Hon.

12022–2022
North Shore Community Bank & Trust Co. v. Sheffield Wellington, LLC green
illappct · 2014
1 sentence

2020“De novo consideration means the reviewing court performs the same analysis that a trial judge would perform.” North Shore Community Bank & Trust Co. v. Sheffield Wellington LLC, 2014 IL App (1st) 123784, ¶ 117 . ¶ 35 In contrast to the de novo standard applicable in the summary judgment context, courts generally apply an abuse of discretion standard when reviewing a circuit court’s decision -9- 1-19-0320 regarding attorney fees and costs under section 155.

12020–2020
Certain Underwriters at Lloyd's v. Abbott Laboratories green
illappct · 2014
1 sentence

2020Illinois Founders Insurance Co. v. Williams, 2015 IL App (1st) 122481, ¶ 29 ; Certain Underwriters at Lloyd’s, London v. Abbott Laboratories, 2014 IL App (1st) 132020 , ¶ 68.

12020–2020
West American Insurance v. J.R. Construction Co. green
illappct · 2002
1 sentence

2011West American Insurance Co., 334 Ill.

12011–2011
Meier v. Aetna Life & Casualty Standard Fire Insurance green
illappct · 1986
2 sentences

2009App.3d 932, 940 , 103 Ill.Dec. 25 , 500 N.E.2d 1096 (1986)); however, when section 155 fees and costs are awarded as a judgment on the pleadings, the standard of review is de novo ( Employers Insurance of Wausau v. Ehlco Liquidating Trust, 186 Ill.2d 127, 160 , 237 Ill.Dec. 82 , 708 N.E.2d 1122 (1999)).

2009App.3d 932, 940 , 103 Ill.Dec. 25 , 500 N.E.2d 1096 (1986)); however, when section 155 fees and costs are awarded as a judgment on the pleadings, the standard of review is de novo ( Employers Insurance of Wausau v. Ehlco Liquidating Trust, 186 Ill.2d 127, 160 , 237 Ill.Dec. 82 , 708 N.E.2d 1122 (1999)).

12009–2009
Yassin v. Certified Grocers of Illinois, Inc. neutral
illappct · 1988
1 sentence

1990In reversing the circuit court, the appellate court held that sanctions may have been warranted pursuant to section 2 — 611 of the Code and, therefore, remanded the matter to the circuit court for further proceedings. ( 178 Ill.

11990–1990

Statutes the citing opinions construe

IL § 215 ILCS 5/155 (23) IL § 735 ILCS 5/2-1005 (7) IL § 215 ILCS 5/154.6 (5) IL § 815 ILCS 505/1 (5) 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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