debt claim in Illinois

2017It is a method whereby one who has involuntarily paid a debt or claim of another succeeds to the rights of the other with respect to the claim or debt so paid. [Citation.] The right of subrogation is an equitable right and remedy which rests on the principle that substantial justice should be attained by placing ultimate responsibility for the loss upon the one against whom in good conscience it ought to fall. [Citation.] Subrogation is allowed to prevent injustice and unjust enrichment but will not be allowed where it would be inequitable to do so. [Citation.] There is no general rule which c

2017It is a method whereby one who has involuntarily paid a debt or claim of another succeeds to the rights of the other with respect to the claim or debt so paid. [Citation.] The right of subrogation is an equitable right and remedy which rests on the principle that substantial justice should be attained by placing ultimate responsibility for the loss upon the one against whom in good conscience it ought to fall. [Citation.] Subrogation is allowed to prevent injustice and unjust enrichment but will not be allowed where it would be inequitable to do so. [Citation.] There is no general rule which c

2026This argument fails under either theory. ¶ 70 “An accord and satisfaction is a contractual method of discharging a debt or claim.” Saichek v. Lupa, 204 Ill. 2d 127, 135 (2003).

2025“An accord and satisfaction is a contractual method of discharging a debt or claim.” Saichek v. Lupa, 204 Ill. 2d 127, 135 (2003).

2011See North American Insurance Co., 325 Ill.App.3d at 481 , 259 Ill.Dec. 448 , 758 N.E.2d 856 . ¶ 34 A plaintiff insurance carrier claiming a right to equitable subrogation must establish that: (1) the defendant carrier is primarily liable to the insured for a loss under a policy of insurance; (2) the plaintiff carrier is secondarily liable to the insured for the same loss under its policy; and (3) the plaintiff carrier discharged its liability to the insured and, at the same time, extinguished the liability of the defendant carrier.

2011See North American Insurance Co., 325 Ill.App.3d at 481 , 259 Ill.Dec. 448 , 758 N.E.2d 856 . ¶ 34 A plaintiff insurance carrier claiming a right to equitable subrogation must establish that: (1) the defendant carrier is primarily liable to the insured for a loss under a policy of insurance; (2) the plaintiff carrier is secondarily liable to the insured for the same loss under its policy; and (3) the plaintiff carrier discharged its liability to the insured and, at the same time, extinguished the liability of the defendant carrier.

2001“Subrogation has been defined as the substitution of another person in the place of a claimant whose rights he succeeds in relation to the debt or claim or asserted which has been paid by him involuntarily.” Bost v. Paulson's Enterprises, Inc. , 36 Ill.

2001“Subrogation has been defined as the substitution of another person in the place of a claimant whose rights he succeeds [to] in relation to the debt or claim or asserted which has been paid by him involuntarily.” Bost v. Paulson’s Enterprises, Inc., 36 Ill.

1921(Cameron v. Boeger, 200 Ill. 84 , and cases cited.) It has also been held there is a clear distinction “between an actual" assignment of a part of a debt or claim or fund, and a mere promise or agreement to pay a part of such debt or claim when collected or recovered, or pay out of such fund.” (Cameron v. Boeger, supra.) While it is true plaintiff in error’s contracts with complainants expressly provide he shall have a lien upon any judgment or decree entered and to any money or property recovered on account of this suit, and even though, in a suit between ordinary parties, it might be held th

1921(Cameron v. Boeger, 200 Ill. 84 , and cases cited.) It has also been held there is a clear distinction “between an actual" assignment of a part of a debt or claim or fund, and a mere promise or agreement to pay a part of such debt or claim when collected or recovered, or pay out of such fund.” (Cameron v. Boeger, supra.) While it is true plaintiff in error’s contracts with complainants expressly provide he shall have a lien upon any judgment or decree entered and to any money or property recovered on account of this suit, and even though, in a suit between ordinary parties, it might be held th

2014Kreutz v. Jacobs, 39 Ill.

2014Kreutz v. Jacobs, 39 Ill.

2022See also, People v. Reid, 69 N.Y.2d 469 , 508 N.E.2d 661, 663-665 (1987); People v. Hodges, (N.Y.

2022See also, People v. Reid, 69 N.Y.2d 469 , 508 N.E.2d 661, 663-665 (1987); People v. Hodges, (N.Y.

2015Saichek v. Lupa, 204 Ill. 2d 127, 135-36 (2003); Koules v. Euro-American Arbitrage, Inc., 293 Ill.

2014Saichek v. Lupa, 204 Ill. 2d 127, 135-36 (2003); Koules v. Euro-American Arbitrage, Inc., 293 Ill.

2014ANALYSIS ¶ 18 “Subrogation has been defined as the substitution of another *** in the place of a -4- claimant whose rights [it] succeeds to in relation to the debt or claim asserted, which [it] has paid involuntarily.” Wausau Insurance Co. v. All Chicagoland Moving & Storage Co., 333 Ill.

2010Equitable Subrogation “Subrogation has been defined as the substitution of another person in the place of a claimant whose rights he succeeds to in relation to the debt or claim asserted, which he has paid involuntarily.” Wausau Insurance Co. v. All Chicagoland Moving & Storage Co., 333 Ill.

1998Subrogation is “the substitution of one individual in the place of a claimant to whose rights he succeeds in relation to the debt or claim asserted, which he has paid involuntarily.” State Farm General Insurance Co. v. Stewart, 288 Ill.

1998Subrogation is "the substitution of one individual in the place of a claimant to whose rights he succeeds in relation to the debt or claim asserted which he has paid involuntarily." State Farm General Insurance Co. v. Stewart , 288 Ill.

2022Several courts “have rejected [the argument] that a good faith belief by a defendant that he was entitled to the money or possessions of the victim to satisfy or collect on a debt is a defense to robbery.” People v. Tufunga, 987 P.2d 168, 177 (Cal.1999).

2022Several courts “have rejected [the argument] that a good faith belief by a defendant that he was entitled to the money or possessions of the victim to satisfy or collect on a debt is a defense to robbery.” People v. Tufunga, 987 P.2d 168 (Cal. 1999).

2025Pakter described S&S in its final years as “a distressed company whose revenues [were] not enough to cover its salaries and other overheads,” and decedent “was putting money in every year to cover the company’s losses.” But undercapitalization does not establish shareholder- creditor misconduct. “[U]ndercapitalization alone, without evidence of deception about the debtor’s financial condition or other misconduct, cannot justify equitable subordination of an insider’s debt claim.” Id. at 349 ; see In re Fabricators, Inc., 926 F.2d 1458, 1469 (5th Cir. 1991) (“[U]ndercapitalization alone is an i

2025Maggio Co. v. Willis, 316 Ill.

2025Pakter described S&S in its final years as “a distressed company whose revenues [were] not enough to cover its salaries and other overheads,” and decedent “was putting money in every year to cover the company’s losses.” But undercapitalization does not establish shareholder- creditor misconduct. “[U]ndercapitalization alone, without evidence of deception about the debtor’s financial condition or other misconduct, cannot justify equitable subordination of an insider’s debt claim.” Id. at 349 ; see In re Fabricators, Inc., 926 F.2d 1458, 1469 (5th Cir. 1991) (“[U]ndercapitalization alone is an i

2020Dix Mutual Insurance Co. v. LaFramboise, 149 Ill. 2d 314, 319 (1992); see also Paliatka v. Bush, 2018 IL App (1st) 172435, ¶ 18 .

2016Fremarek v. John Hancock Mutual Life Insurance Co., 272 Ill.

1998Holman v. Simborg, 152 Ill.

1996Earlier, the supreme court had defined the doctrine as one under which "a person who, pursuant to a legal liability, has paid for a loss or injury resulting from the negligence or wrongful act of another, will be subrogated to the rights of the injured person against such wrongdoer.” (Emphasis added.) Geneva Construction Co. v. Martin Transfer & Storage Co., 4 Ill. 2d 273, 283 (1954).

1965As was said in Remsen v. Midway Liquors, Inc., 30 Ill App2d 132, 143, 174 NE2d 7, 12 (1961): “Subrogation presupposes an actual payment and satisfaction of the debt or claim to which the party is subrogated, although the remedy is kept alive in equity for the benefit of the one who made the payment under circumstances entitling him to contribution or indemnity while assignment necessarily contemplates the continued existence of the debt or claim assigned.