Sec. 13. Civil actions; availability of remedies; costs; attorney fees.

303 words·~1 min read·/il/chapter-215/act-105/13

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)No civil action against the Plan or Board shall be allowed unless the party commencing the action has first filed a grievance and received a final decision thereon in accordance with the procedures established under paragraph

(6)of subsection d of Section 3 of this Act. Any applicable time limitation for the filing of civil actions against the Plan or the Board shall commence upon the issuance of the Board's final decision.

(2)In any action by or against the Plan wherein there is in issue the liability of the Plan on a policy or policies of insurance issued under this Act 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)25% of the amount which the court or jury finds such party is entitled to recover

against the Plan, exclusive of all costs;

(b)$25,000;

(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 Plan offered to pay in settlement of the claim prior to the action.

(3)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.