ILCS » Chapter 215 · Act 5
Illinois Compiled Statutes

215 ILCS 5/815.1 (2026)

Subrogation

✓ current as of May 2026
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(215 ILCS 5/815.1)
    Sec. 815.1. Subrogation.
    (a) All insurers issuing mine subsidence policies shall retain the right of subrogation.
    (b) The Fund, on its own behalf, may exercise the right of subrogation.
    (c) Every insurer shall include in its reports an itemized list of all losses in subrogation and shall remit to the Fund all monies, less expenses, recovered as the result of subrogation actions.
(Source: P.A. 88-379.)

    
Notes of Decisions
Cited in 2 cases, 2005–2008 · leading case: Ambrosia Land Investments, LLC v. Peabody Coal Co., 521 F.3d 778 (7th Cir. 2008).
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Ambrosia Land Investments, LLC v. Peabody Coal Co., 521 F.3d 778 (7th Cir. 2008). · cites it 4× “In October, 2005, the Fund moved to intervene as an additional plaintiff under 215 ILCS 5/815.1, claiming Peabody was strictly liable for failing to pro- vide sufficient support for the surface of the Ambrosia property, and asserting its subrogation rights to recover the…”
Illinois Mine Subsidence Ins. Fund v. Peabody Coal Co., 383 F. Supp. 2d 1078 (C.D. Ill. 2005). “See 215 ILCS 5/815.1(b). The Fund alleges that its personnel then attempt to identify the coal company which undermined the property by plotting the surface location over coal maps of the area.”
— 215 ILCS 5/815.1(b) — 2 cases
Ambrosia Land Investments, LLC v. Peabody Coal Co., 521 F.3d 778 (7th Cir. 2008). “In October, 2005, the Fund moved to intervene as an additional plaintiff under 215 ILCS 5/815.1, claiming Peabody was strictly liable for failing to pro- vide sufficient support for the surface of the Ambrosia property, and asserting its subrogation rights to recover the…”
Illinois Mine Subsidence Ins. Fund v. Peabody Coal Co., 383 F. Supp. 2d 1078 (C.D. Ill. 2005). “See 215 ILCS 5/815.1(b). The Fund alleges that its personnel then attempt to identify the coal company which undermined the property by plotting the surface location over coal maps of the area.”
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