Pinske v. Allstate Property and Casualty Insurance Company
44 N.E.3d 495
Ill. App. Ct.2016Background
- Pinske was injured in 2009 and sued White; Allstate defended White under White's policy.
- The circuit court dismissed Pinske’s complaint with prejudice to compel binding arbitration.
- Parties later entered mediation with Judge Hogan and a high-low agreement setting a $50,000 minimum and $100,000 maximum award.
- Judge Hogan issued a $194,231 award, which exceeded the high-low maximum, triggering the $100,000 ceiling.
- Settlement funds were issued in August 2013 per the high-low agreement, and Allstate refused to pay interest on the $100,000.
- Pinske sought interest under 2-1303, Allstate moved to dismiss under 2-619, and the circuit court granted the dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the high-low agreement was a settlement. | Pinske argues it was not a settlement; the award followed adjudication. | Allstate contends it capped liability via settlement. | High-low is a settlement; predetermination precludes adjudication-based interest. |
| Whether interest accrues under 2-1303 on a predetermined award. | Interest should accrue on the May 16, 2013 award. | Interest does not accrue because the award was predetermined by the agreement. | No interest under 2-1303 where the award was predetermined by high-low. |
| Whether the 2-619 dismissal was proper and supported by affidavits. | Affidavits cannot support a 2-619 dismissal without contradicting pleadings. | Affidavits may support a 2-619 dismissal when facts are disputed. | Affidavits permitted; court properly granted dismissal. |
Key Cases Cited
- Illinois State Toll Highway Authority v. Heritage Standard Bank & Trust Co., 157 Ill. 2d 282 (1993) (interest only on adjudicated awards; not on settlements)
- Garley v. Columbia LaGrange Hospital, 377 Ill. App. 3d 678 (2007) (high-low agreements recognized as settlements)
- Madalinski v. St. Alexius Medical Center, 369 Ill. App. 3d 547 (2006) (high-low agreements treated as settlements)
- Cunha v. Shapiro, 837 N.Y.S.2d 160 (2007) (New York treatment of high-low as conditional settlement)
- Solaia Technology, LLC v. Specialty Publishing Co., 221 Ill. 2d 558 (2006) (standard for 2-619 dismissal with affidavits)