Lucas v. Illinois Insurance Guaranty Fund

Mr. PRESIDING JUSTICE SIMON

delivered the opinion of the court:

This appeal requires the interpretation and application of the “non-duplication of recovery” provision of the Illinois Insurance Guaranty Fund Act (the Act), which is designed to protect the public against the insolvency of an insurance carrier. The issue at stake here arises when (i) a person recovers a judgment against an insured motorist in excess of the limits of the insured’s policy, (ii) the insured motorist holds a policy issued by a carrier which becomes insolvent, and (iii) the injured person recovers part of his loss…