215 ILCS 5/155
Attorney fees
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(215 ILCS 5/155)
(from Ch. 73, par. 767)
Sec. 155.
Attorney fees.
(1) In 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
an amount not to exceed any one of the following amounts:
(a) 60% of the amount which the court or jury finds | such party is entitled to recover against the company, exclusive of all costs; |
(b) $60,000;
(c) the excess of the amount which the court or jury | finds such party is entitled to recover, exclusive of costs, over the amount, if any, which the company offered to pay in settlement of the claim prior to the action. |
(2) Where there are several policies insuring the same insured
against the same loss whether issued by the same or by different
companies, the court may fix the amount of the allowance so that the
total attorney fees on account of one loss shall not be increased by
reason of the fact that the insured brings separate suits on such policies.
(Source: P.A. 93-485, eff. 1-1-04.)
Notes of Decisions
Cited in 579
cases (203 in the last 5 years), 1993–2026 · leading case: Cramer v. Insurance Exchange Agency
Cramer v. Insurance Exchange Agency (1996)
“The circuit court construed the action as a common law fraud action and denied the motion for summary judgment. The circuit court certified two questions for interlocutory appeal: (1) whether section 155 of the Illinois Insurance Code (215 ILCS 5/155 (West 1994)) preempts a…”
Zena Phillips v. The Prudential Insurance Compa (2013)
“Vexatious and Unreasonable Delay Under 215 ILCS 5/155 Phillips’s statutory vexatious and unreasonable delay claim under section 155 of the Illinois Insurance Code fares no better.”
Rhone v. First American Title Insurance (2010)
“" On June 10, 2008, the Rhones filed a two-count complaint against First American, seeking a declaration that the title insurance policy covered the unassessed taxes and special damages under section 155 of the Illinois Insurance Code (215 ILCS 5/155 (West 2008)).”
Marque Medicos Archer, LLC v. Liberty Mutual Insurance Company (2018)
“1 The trial court dismissed with prejudice the providers' claims for breach of contract, breach of contract implied in law, breach of contract implied in fact, and recovery under section 155 of the Illinois Insurance Code ( 215 ILCS 5/155 (West 2012) ). Because we conclude that…”
Sabrina Roppo v. Travelers Commercial Insurance (2017)
“” 21 The claim under the Illinois Insurance Code, 215 ILCS 5/155 (Count IX), also failed because the statute did not provide penalties to third parties.”
West American Insurance v. J.R. Construction Co. (2002)
“Construction’s request for damages under section 155 of the Illinois Insurance Code (215 ILCS 5/155 (West 1998)). The issues raised on appeal are: (1) whether the trial court properly granted summary judgment in favor of J.”
Statewide Insurance v. Houston General Insurance (2009)
“Furthermore, any concurrent obligation by Westfield to defend JCC would not be relevant on this issue, because the prejudgment interest awarded to Statewide was based on the $840,000 in damages Statewide actually incurred based on Houston's General's improper refusal to defend…”
Stevens v. Country Mutual Insurance (2008)
“Stevens, for attorney fees under the common-fund doctrine and section 155 of the Illinois Insurance Code (Code) (215 ILCS 5/155 (West 2006)). Because we conclude that (1) Country benefitted from the creation of the common fund and (2) the court's imposition of additional…”
Employers Insurance v. Ehlco Liquidating Trust (1999)
“With regard to both sites, the circuit court found that Wausau’s conduct was unreasonable and vexatious, and ordered Wausau to pay all attorney fees and costs in the declaratory judgment action, pursuant to section 155 of the Illinois Insurance Code (215 ILCS 5/155 (West 1994)).…”
Johnson Press of America, Inc. v. Northern Insurance Co. of New York (2003)
“215 ILCS 5/155 (West 1998). For the following reasons, we affirm the trial court's summary judgment order.”
American Alliance Insurance v. 1212 Restaurant Group, L.L.C. (2003)
“In November 2001, the trial court, in considering cross-motions for summary judgment, found that American Alliance had a duty to defend defendants in the Alexander action and dismissed defendants’ claim under section 155 of the Illinois Insurance Code (215 ILCS 5/155 (West…”
Neiman v. Economy Preferred Insurance (2005)
“Plaintiffs, with Kenneth Neiman proceeding pro se and Erwin Neiman representing himself as well as Janice Neiman, filed suit against defendant asserting breach of contract and damages in the amount of $8,740, the remaining balance under the policy; plaintiffs also sought damages…”
— 215 ILCS 5/155(1) — 113 cases
Zena Phillips v. The Prudential Insurance Compa (2013)
“Vexatious and Unreasonable Delay Under 215 ILCS 5/155 Phillips’s statutory vexatious and unreasonable delay claim under section 155 of the Illinois Insurance Code fares no better.”
Buckner v. Causey (1999)
— 215 ILCS 5/155(1)(a) — 7 cases
— 215 ILCS 5/155(1)(b) — 3 cases
— 215 ILCS 5/155(1)(c) — 1 case
— 215 ILCS 5/155(2) — 1 case
— 215 ILCS 5/155(a) — 1 case
— 215 ILCS 5/155(b) — 1 case
— 215 ILCS 5/155(l)(a) — 3 cases
Beatty v. Doctors' Co. (2007)
— 215 ILCS 5/155(l)(b) — 1 case
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