Judge erred on primary jurisdiction

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted April 9, 2019 3:41 PM

The doctrine of primary jurisdiction traditionally involves an order freezing litigation pending the outcome of administrative proceedings. But shortly after West Bend Mutual Insurance Co. sued for a declaratory judgment that late notice excused it from having to defend Gary Bernardino’s employer in a workers’ compensation case, a McHenry County circuit judge granted the carrier’s emergency motion to stay the administrative proceedings based on Hastings Mutual Insurance Co. v. Ultimate Backyard, 2012 IL …

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