(215 ILCS 105/13) (from Ch. 73, par. 1313)
Sec. 13.
Civil actions; availability of remedies; costs; attorney
fees.
(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;
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(b) $25,000;
(c) the excess of the amount which the court or jury
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| 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.
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(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.
(Source: P.A. 87-560.)
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