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Illinois Compiled Statutes

215 ILCS 5/546 (2026)

Other insurance

✓ current as of May 2026
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(215 ILCS 5/546) (from Ch. 73, par. 1065.96)
    Sec. 546. Other insurance.
    (a) An insured or claimant shall be required first to exhaust all coverage provided by any other insurance policy, regardless of whether or not such other insurance policy was written by a member company, if the claim under such other policy arises from the same facts, injury, or loss that gave rise to the covered claim against the Fund. The Fund's obligation under Section 537.2 shall be reduced by the amount recovered or recoverable, whichever is greater, under such other insurance policy. Where such other insurance policy provides uninsured or underinsured motorist coverage, the amount recoverable shall be deemed to be the full applicable limits of such coverage. To the extent that the Fund's obligation under Section 537.2 is reduced by application of this Section, the liability of the person insured by the insolvent insurer's policy for the claim shall be reduced in the same amount. If the Fund pays a covered claim without the exhaustion of all other coverage that could have been exhausted under this Section, the Fund shall have an independent right of recovery against each insurer whose coverage was not exhausted in the amount the Fund would not have had to pay if that insurer's coverage had been exhausted first.
    (b) Any insured or claimant having a claim which may be recovered under more than one insurance guaranty fund or its equivalent shall seek recovery first from the Fund of the place of residence of the insured except that if it is a first party claim for damage to property with a permanent location, he shall first seek recovery from the Fund of the location of the property; if it is a workers' compensation claim, he shall first seek recovery from the Fund of the residence of the claimant. Any recovery under this Article shall be reduced by the amount of the recovery from any other insurance guaranty fund or its equivalent.
(Source: P.A. 99-387, eff. 8-17-15.)

    
Notes of Decisions
Cited in 26 cases (1 in the last 5 years), 1995–2025 · leading case: Pendleton v. Aguilar, 827 N.E.2d 614 (Ind. Ct. App. 2005).
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Pendleton v. Aguilar, 827 N.E.2d 614 (Ind. Ct. App. 2005). · cites it 10× “The Illinois Act expressly provides in article 215 ILCS 5/546 (emphasis added): (a) An insured or claimant shall be required first to exhaust all coverage provided by any other insurance policy, .”
Roth v. Illinois Ins. Guar. Fund, 852 N.E.2d 289 (Ill. App. Ct. 2006). · cites it 6× “3 (West 2004)), the liability of the Fund is to be reduced by “other insurance” before a claimant or insured can recover from the Fund (215 ILCS 5/546 (West 2004)), and the Fund’s liability on any claim shall not exceed $300,000, except as to workers’ compensation claims or…”
Illinois Ins. Guar. Fund v. Virginia Sur. Co., Inc., 2012 IL App (1st) 113758 (Ill. App. Ct. 2012). · cites it 3× “215 ILCS 5/546 (West 2000). ¶2 T.T.C. was a temporary employment agency or “employee leasing company” based in Kankakee, Illinois, which loaned Szaradzinski and other workers to MGM.”
Illinois Ins. Guar. Fund v. Priority Transp., Inc., 2019 IL App (1st) 181454 (Ill. App. Ct. 2020). · cites it 3× “215 ILCS 5/546(a) (West 2000); Hasemann v.”
Illinois Ins. Guar. Fund v. Farmland Mut. Ins., 653 N.E.2d 856 (Ill. App. Ct. 1995). · cites it 3× “(215 ILCS 5/546 (West 1992).) That section reads in part: "Non-duplication of recovery, (a) Any insured or claimant having a covered claim against the Fund shall be required first to exhaust his rights under any provision in any other insurance policy which may be applicable to…”
Beukema v. Yomac, Inc., 672 N.E.2d 755 (Ill. App. Ct. 1996). · cites it 4× “The trial court granted defendant’s motion, ruling that the "non-duplication of recovery” provision of the Illinois Insurance Code (215 ILCS 5/546(a) (West 1994)) bars plaintiff from recovering from the Illinois Insurance Guaranty Fund.”
Illinois Ins. Guar. Fund v. Liberty Mut. Ins. Co., 2013 IL App (1st) 123345 (Ill. App. Ct. 2014). · cites it 2× “It further alleged that the Zurich policy issued to Interlake is “other insurance” as that term is defined under the Illinois Insurance Code (215 ILCS 5/546(a) (West 2010)) and is, therefore, primary coverage that must be exhausted before IIGF becomes responsible to Earley for…”
Virginia Sur. Co. v. Adjustable Forms, Inc., 888 N.E.2d 733 (Ill. App. Ct. 2008). · cites it 3× “The IIGF also contends on appeal that the Virginia Surety insurance policy qualified as “other insurance” pursuant to section 546(a) of the Illinois Insurance Code (215 ILCS 5/546(a) (West 2004)) that must be exhausted before the IIGF must pay for coverage provided under an…”
Burton v. Ramos, 792 N.E.2d 362 (Ill. App. Ct. 2003). · cites it 2× “1 — 01—0735 In this appeal, Ramos appeals contending that under section 546(a) of the Illinois Insurance Code (the Code) (215 ILCS 5/546(a) (West 1998)) he is entitled to a setoff against the judgment entered against him equal to the limits of liability of Burton’s uninsured…”
Hasemann v. White, 686 N.E.2d 571 (Ill. 1997). “” 215 ILCS 5/546 (West 1994). The issue in this case concerns the application of the nonduplication of recovery provision when a claimant has settled with his own uninsured-motorist carrier for less than the policy limit and then seeks to make a claim on the Fund.”
Guzman v. 7513 West Madison Street, Inc., 2013 IL App (1st) 122161 (Ill. App. Ct. 2013). · cites it 2× “” 215 ILCS 5/546(a) (West 2008). ¶ 12 Plaintiffs filed a motion to strike defendant’s affirmative defense.”
Ill. Ins. Guar. Fund v. Farmland Mut. Ins., 653 N.E.2d 856 (Ill. App. Ct. 1995). · cites it 3× “(215 ILCS 5/546 (West 1992).) That section reads in part: "Non-duplication of recovery, (a) Any insured or claimant having a covered claim against the Fund shall be required first to exhaust his rights under any provision in any other insurance policy which may be applicable to…”
Show all 26 citing cases →
— 215 ILCS 5/546(a) — 22 cases
Roth v. Illinois Ins. Guar. Fund, 852 N.E.2d 289 (Ill. App. Ct. 2006). “3 (West 2004)), the liability of the Fund is to be reduced by “other insurance” before a claimant or insured can recover from the Fund (215 ILCS 5/546 (West 2004)), and the Fund’s liability on any claim shall not exceed $300,000, except as to workers’ compensation claims or…”
Illinois Ins. Guar. Fund v. Priority Transp., Inc., 2019 IL App (1st) 181454 (Ill. App. Ct. 2020). “215 ILCS 5/546(a) (West 2000); Hasemann v.”
Pendleton v. Aguilar, 827 N.E.2d 614 (Ind. Ct. App. 2005). “The Illinois Act expressly provides in article 215 ILCS 5/546 (emphasis added): (a) An insured or claimant shall be required first to exhaust all coverage provided by any other insurance policy, .”
Beukema v. Yomac, Inc., 672 N.E.2d 755 (Ill. App. Ct. 1996). “The trial court granted defendant’s motion, ruling that the "non-duplication of recovery” provision of the Illinois Insurance Code (215 ILCS 5/546(a) (West 1994)) bars plaintiff from recovering from the Illinois Insurance Guaranty Fund.”
Illinois Ins. Guar. Fund v. Liberty Mut. Ins. Co., 2013 IL App (1st) 123345 (Ill. App. Ct. 2014). “It further alleged that the Zurich policy issued to Interlake is “other insurance” as that term is defined under the Illinois Insurance Code (215 ILCS 5/546(a) (West 2010)) and is, therefore, primary coverage that must be exhausted before IIGF becomes responsible to Earley for…”
— 215 ILCS 5/546(b) — 1 case
Pendleton v. Aguilar, 827 N.E.2d 614 (Ind. Ct. App. 2005). “The Illinois Act expressly provides in article 215 ILCS 5/546 (emphasis added): (a) An insured or claimant shall be required first to exhaust all coverage provided by any other insurance policy, .”
— 215 ILCS 5/546(g) — 1 case
Pendleton v. Aguilar, 827 N.E.2d 614 (Ind. Ct. App. 2005). “The Illinois Act expressly provides in article 215 ILCS 5/546 (emphasis added): (a) An insured or claimant shall be required first to exhaust all coverage provided by any other insurance policy, .”
— 215 ILCS 5/546(s) — 1 case
Pendleton v. Aguilar, 827 N.E.2d 614 (Ind. Ct. App. 2005). “The Illinois Act expressly provides in article 215 ILCS 5/546 (emphasis added): (a) An insured or claimant shall be required first to exhaust all coverage provided by any other insurance policy, .”
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