Stay order logic sends insurance case back

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted March 5, 2020 1:32 PM

Applying the doctrine of primary jurisdiction in reverse — in a case where West Bend Mutual Insurance Co. sued for a declaratory that the workers’ compensation policy it sold to TRRS Corp. didn’t apply to an on-the-job injury suffered by Gary Bernardino — a McHenry County judge (relying on a 2012 appellate court case from Cook County) ordered a stay of Illinois Workers’ Compensation Commission, or IWCC, proceedings on Bernardino’s claim against his employer, but the 2nd District reversed …

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