(735 ILCS 5/2-2108)
(This Section was added by P.A. 89-7, which has been held unconstitutional)
Sec. 2-2108.
No cause of action created.
Nothing in this Part shall be
construed to create a cause of action.
(Source: P.A. 89-7, eff. 3-9-95 .)
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(735 ILCS 5/2-2109)
(This Section was added by P.A. 89-7, which has been held unconstitutional)
Sec. 2-2109.
This amendatory Act of 1995 adding Part 21 to the Code
of Civil Procedure applies to causes of action accruing on or after its
effective date.
(Source: P.A. 89-7, eff. 3-9-95 .)
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(735 ILCS 5/Art. II Pt. 22 heading) Part 22.
Insurance Placement Liability
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(735 ILCS 5/2-2201)
Sec. 2-2201.
Ordinary care; civil liability.
(a) An insurance producer, registered firm, and limited insurance
representative shall exercise ordinary care and skill in
renewing, procuring, binding, or placing the coverage requested by the insured
or proposed insured.
(b) No cause of action brought by any person or entity against any insurance
producer, registered firm, or limited insurance representative concerning the
sale, placement, procurement, renewal, binding, cancellation of, or failure to
procure any policy of insurance shall subject the insurance producer,
registered firm, or limited insurance representative to civil liability under
standards governing the conduct of a fiduciary or a fiduciary relationship
except when the conduct upon which the cause of action is based involves the
wrongful retention or misappropriation by the insurance producer, registered
firm, or limited insurance representative of any money that was received as
premiums, as a premium deposit, or as payment of a claim.
(c) The provisions of this Section are not meant to impair or invalidate
any of the terms or conditions of a contractual agreement between an insurance
producer, registered firm, or limited insurance representative and a company
that has authority to transact the kinds of insurance
defined in Class 1 or clause (a), (b), (c), (d), (e), (f), (h), (i), or (k) of
Class 2 of
Section 4 of
the Illinois Insurance Code.
(d) While limiting the scope of liability of an insurance producer,
registered firm, or limited insurance representative under standards governing
the conduct of a fiduciary or a fiduciary relationship, the provisions of this
Section do not limit or release an insurance producer, registered firm, or
limited insurance representative from liability for negligence concerning the
sale, placement, procurement, renewal, binding, cancellation of, or failure to
procure any policy of insurance.
(Source: P.A. 89-638, eff. 1-1-97.)
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(735 ILCS 5/Art. II Pt. 23 heading) Part 23. Settlement
(Source: P.A. 98-548, eff. 1-1-14.) |
(735 ILCS 5/2-2301) Sec. 2-2301. Settlement of claims; payment. (a) In a personal injury, property damage, wrongful death, or tort action involving a claim for money damages, a release must be tendered to the plaintiff by the settling defendant within 14 days of written confirmation of the settlement. Written confirmation includes all communication by written means. (b) In a personal injury, property damage, wrongful death, or tort action involving a claim for money damages in which the law requires court approval of a settlement, the plaintiff shall tender to the defendant a copy of the court order approving the settlement. (c) In a personal injury, property damage, wrongful death, or tort action involving a claim for money damages in which there is a known third-party right of recovery or subrogation interest (including attorney's liens, healthcare provider liens, or rights of recovery claimed by Medicare, the Centers for Medicare and Medicaid Services, the Illinois Department of Healthcare and Family Services, or private health insurance companies), the plaintiff may protect the third-party's right of recovery or subrogation interest, where applicable, by tendering to the defendant: (1) A signed release of the attorney's lien. (2) Either: (i) a signed release of a healthcare provider | ||
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(ii) a letter from the plaintiff's attorney | ||
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(iii) an offer that the defendant hold the full | ||
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(iv) documentation of any other method of | ||
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(3) Either: (i) documentation of the agreement between the | ||
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(ii) a letter from the plaintiff's attorney | ||
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(iii) an offer that the defendant hold the full | ||
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(iv) documentation of any other method of | ||
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(d) A settling defendant shall pay all sums due to the plaintiff within 30 days of tender by the plaintiff of the executed release and all applicable documents in compliance with subsections (a), (b), and (c) of this Section. (e) If, after a hearing, the court having jurisdiction over the parties finds that timely payment has not been made by a defendant pursuant to subsection (d) of this Section, judgment shall be entered against that defendant for the amount set forth in the executed release, plus costs incurred in obtaining the judgment and interest at the rate specified under Section 2-1303 of this Code, calculated from the date of the tender by the plaintiff under subsection (d) of this Section. (f) As used in this Section, "tender" means personal delivery or delivery by a means providing a return receipt. (g) This Section applies to all personal injury, property damage, wrongful death, and tort actions involving a claim for money damages, except as otherwise agreed by the parties. This Section does not apply to: (1) the State of Illinois; (2) any State agency, board, or Commission, as | ||
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(3) any State officer or employee sued in his or her | ||
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(4) any person or entity that is being represented by | ||
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(5) any municipality or unit of local government as | ||
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(6) class action lawsuits.
(Source: P.A. 98-548, eff. 1-1-14.) |
(735 ILCS 5/Art. III heading) ARTICLE III
ADMINISTRATIVE REVIEW
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(735 ILCS 5/3-101) (from Ch. 110, par. 3-101)
Sec. 3-101.
Definitions.
For the purpose of this Act:
"Administrative agency" means a person, body of persons, group, officer,
board, bureau, commission or department (other than a court or judge) of the
State, or of any political subdivision of the State or municipal corporation in
the State, having power under law to make administrative
decisions.
"Administrative decision" or "decision" means any decision, order or
determination of any administrative agency rendered in a particular
case, which affects the legal rights, duties or privileges of parties
and which terminates the proceedings before the administrative agency.
In all cases in which a statute or a rule of the administrative agency
requires or permits an application for a rehearing or other method of
administrative review to be filed within a specified time (as
distinguished from a statute which permits the application for rehearing
or administrative review to be filed at any time before judgment by the
administrative agency against the applicant or within a specified time
after the entry of such judgment), and an application for such rehearing
or review is made, no administrative decision of such agency shall be
final as to the party applying therefor until such rehearing or review
is had or denied. However, if the particular statute permits an
application for rehearing or other method of administrative review to be
filed with the administrative agency for an indefinite period of time
after the administrative decision has been rendered (such as permitting
such application to be filed at any time before judgment by the
administrative agency against the applicant or within a specified time
after the entry of such judgment), then the authorization for the filing
of such application for rehearing or review shall not postpone the time
when the administrative decision as to which such application shall be
filed would otherwise become final, but the filing of the application
for rehearing or review with the administrative agency in this type of
case shall constitute the commencement of a new proceeding before such
agency, and the decision rendered in order to dispose of such rehearing
or other review proceeding shall constitute a new and independent
administrative decision. If such new and independent decision consists
merely of the denial of the application for rehearing or other method of
administrative review, the record upon judicial review of such decision
shall be limited to the application for rehearing or other review and
the order or decision denying such application and shall not include the
record of proceedings had before the rendering of the administrative
decision as to which the application for rehearing or other
administrative review shall have been filed unless the suit for judicial
review is commenced within the time in which it would be authorized by
this Act to have been commenced if no application for rehearing or other
method of administrative review had been filed. On the other hand, if
the rehearing or other administrative review is granted by the
administrative agency, then the record on judicial review of the
resulting administrative decision rendered pursuant to the rehearing or
other administrative review may consist not only of the record of
proceedings had before the administrative agency in such rehearing or
other administrative review proceeding, but also of the record of
proceedings had before such administrative agency prior to its rendering
of the administrative decision as to which the rehearing or other
administrative review shall have been granted. The term "administrative
decision" or "decision" does not mean or include rules, regulations,
standards, or statements of policy of general application issued by an
administrative agency to implement, interpret, or make specific the
legislation enforced or administered by it unless such a rule,
regulation, standard or statement of policy is involved in a proceeding
before the agency and its applicability or validity is in issue in such
proceeding, nor does it mean or include regulations concerning the
internal management of the agency not affecting private rights or
interests.
(Source: P.A. 92-651, eff. 7-11-02.)
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(735 ILCS 5/3-102) (from Ch. 110, par. 3-102)
Sec. 3-102. Scope of Article. This Article III shall apply to and
govern every action to review judicially a final decision of any administrative
agency where the Act creating or conferring power on such agency, by express
reference, adopts the provisions of this Article III or its predecessor,
the Administrative Review Act. This Article shall be known as the
"Administrative Review Law". In all such cases, any other statutory, equitable
or common law mode of review of decisions of administrative agencies heretofore
available shall not hereafter be employed.
Unless review is sought of an administrative decision within the time
and in the manner herein provided, the parties to the proceeding before
the administrative agency shall be barred from obtaining judicial review
of such administrative decision. In an action to review any final
decision of any administrative agency brought under this Article III, if a
judgment is reversed or entered against the plaintiff, or the action is
voluntarily dismissed by the plaintiff, or the action is dismissed for want
of prosecution, or the action is dismissed by a United States District
Court for lack of jurisdiction, neither the plaintiff nor his or her heirs,
executors, or administrators may commence a new action within one year or
within the remaining period of limitation, whichever is greater. All
proceedings in the court for revision of such final decision shall terminate
upon the date of the entry of any Order under either Section 2-1009 or
Section 13-217. Such Order shall cause the final administrative decision of
any administrative agency to become immediately enforceable. If under the
terms of the Act governing the procedure before an administrative agency an
administrative decision has become final because of the failure to file any
document in the nature of objections, protests, petition for hearing or
application for administrative review within the time allowed by such Act, such
decision shall not be subject to judicial review hereunder excepting only for
the purpose of questioning the jurisdiction of the administrative agency over
the person or subject matter.
(Source: P.A. 99-642, eff. 7-28-16.)
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(735 ILCS 5/3-103) (from Ch. 110, par. 3-103)
Sec. 3-103. Commencement of action. Every action to review a final administrative decision shall be
commenced by the filing of a complaint and the issuance of summons
within 35 days from the date that a copy of the decision sought to be
reviewed was served upon the party affected by the decision, except that
in municipalities with a population of 500,000 or less a complaint
filed within the time limit established by this Section may be subsequently
amended to add a police chief or a fire chief in cases brought under the
Illinois Municipal Code's provisions providing for the discipline of fire
fighters and police officers.
The method of
service of the decision shall be as provided in the Act governing the
procedure before the administrative agency, but if no method is
provided, a decision shall be deemed to have been served either when
a copy of the decision is personally delivered or when a copy of the decision
is deposited in the United States mail, in a sealed envelope or package, with
postage prepaid, addressed to the party affected by the decision at his or her
last known residence or place of business.
The form of the summons and the issuance of alias summons
shall be according to rules of the Supreme Court.
This amendatory Act of 1993 applies to all cases involving discipline of
fire fighters and police officers pending on its effective date and to all
cases filed on or after its effective date.
The changes to this Section made by this amendatory Act of the 95th General Assembly apply to all actions filed on or after the effective date of this amendatory Act of the 95th General Assembly. (Source: P.A. 95-831, eff. 8-14-08.)
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(735 ILCS 5/3-104) (from Ch. 110, par. 3-104)
Sec. 3-104.
Jurisdiction and venue.
Jurisdiction to review final
administrative decisions is vested in the Circuit Courts, except as to a
final order of the Illinois Educational Labor Relations Board in which case
jurisdiction to review a final order is vested in the Appellate Court of a
judicial district in which the Board maintains an office. If the venue of
the action to review a final administrative decision is expressly
prescribed in the particular statute under authority of which the decision
was made, such venue shall control, but if the venue is not so prescribed,
an action to review a final administrative decision may be commenced in the
Circuit Court of any county in which (1) any part of the hearing or
proceeding culminating in the decision of the administrative agency was
held, or (2) any part of the subject matter involved is situated, or (3)
any part of the transaction which gave rise to the proceedings before the
agency occurred. The court first acquiring jurisdiction of any action to
review a final administrative decision shall have and retain jurisdiction
of the action until final disposition of the action.
(Source: P.A. 88-1.)
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(735 ILCS 5/3-105) (from Ch. 110, par. 3-105)
Sec. 3-105. Service of summons. Summons issued in any action to review
the final administrative decision of any administrative agency shall be
served by registered or certified mail on the administrative agency and on
each of the other defendants except in the case of a review of a final
administrative decision of the regional board of school trustees, regional
superintendent of schools, or State Superintendent of Education, as the
case may be, when a committee of 10 has been designated as provided in
Section 7-6 of the School Code, and in such case only the administrative
agency involved and each of the committee of 10 shall be served. The method of service shall be as provided in the Act governing the procedure before the administrative agency, but if no method is provided, summons shall be deemed to have been served either when a copy of the summons is personally delivered or when a copy of the decision is deposited in the United States mail, in a sealed envelope or package, with postage prepaid, addressed to the party affected by the decision at his or her last known residence or place of business. The form of the summons and the issuance of alias summons shall be according to rules of the Supreme Court.
No action for administrative review shall be dismissed for lack of
jurisdiction based upon the failure to serve summons on an employee, agent, or
member of an administrative agency, board, committee, or government entity,
acting in his or her official capacity, where the administrative agency, board,
committee, or government entity has been served as provided in this Section.
Service on the director or agency head, in his or her official capacity, shall
be deemed service on the administrative agency, board, committee, or government
entity. No action for administrative review shall be dismissed for lack of
jurisdiction based upon the failure to serve summons on an administrative
agency, board, committee, or government entity, acting, where the director or
agency head, in his or her official capacity, has been served as provided
in this Section.
Service on the administrative agency shall be made by the clerk of the
court by sending a copy of the summons addressed to the agency at its main
office in the State. The clerk of the court shall also mail a copy of the
summons to each of the other defendants, addressed to the last known place
of residence or principal place of business of each such defendant. The
plaintiff shall, by affidavit filed with the complaint, designate the last
known address of each defendant upon whom service shall be made. The
certificate of the clerk of the court that he or she has served such
summons in pursuance of this Section shall be evidence that he or she
has done so.
The changes to this Section made by this amendatory Act of the 95th General Assembly apply to all actions filed on or after the effective date of this amendatory Act of the 95th General Assembly. (Source: P.A. 95-831, eff. 8-14-08.)
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(735 ILCS 5/3-106) (from Ch. 110, par. 3-106)
Sec. 3-106.
Appearance of defendants.
In any action to review any final
decision of any administrative agency, the agency shall appear by filing an
answer consisting of a record of the proceedings had before it, or a written
motion in the cause or a written appearance. All other defendants desiring to
appear shall appear by filing a written appearance. Every appearance shall be
filed within the time fixed by rule of the Supreme Court, and shall state with
particularity an address where service of notices or papers may be made upon
the defendant so appearing, or his or her attorney.
(Source: P.A. 88-1.)
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(735 ILCS 5/3-107) (from Ch. 110, par. 3-107)
Sec. 3-107. Defendants.
(a) Except as provided in subsection (b), (b-1), or (c), in any action to review any final
decision of an administrative agency, the administrative agency and all
persons, other than the plaintiff, who were parties of record to the
proceedings before the
administrative agency shall be made defendants. The method of service of the decision shall be as provided in the Act governing the procedure before the administrative agency, but if no method is provided, a decision shall be deemed to have been served either when a copy of the decision is personally delivered or when a copy of the decision is deposited in the United States mail, in a sealed envelope or package, with postage prepaid, addressed to the party affected by the decision at his or her last known residence or place of business. The form of the summons and the issuance of alias summons shall be according to rules of the Supreme Court.
No action for administrative review shall be dismissed for lack of
jurisdiction: (1) based upon misnomer of an agency, board, commission, or party that is properly served with summons that was issued in the action within the applicable time limits; or (2) for a failure to name an employee, agent, or member, who
acted in his or her official capacity, of an administrative agency, board,
committee, or government entity where a timely action for administrative review has been filed that identifies the final administrative decision under review and that makes a good faith effort to properly name the administrative agency, board,
committee, or government entity. Naming the director or agency head, in his or her official
capacity, shall be deemed to include as defendant the administrative agency,
board, committee, or government entity that the named defendants direct or
head. No action for administrative review shall be dismissed for lack of
jurisdiction based upon the failure to name an administrative agency, board,
committee, or government entity, where the director or agency head, in his or
her official capacity, has been named as a defendant as provided in this
Section.
If, during the course of a review action, the court determines that an agency or a party
of record to the administrative proceedings was not made a defendant as
required by the preceding paragraph, then the
court shall grant the plaintiff 35 days from the date of the determination in
which to name and serve the unnamed agency or party as a defendant. The court shall
permit the newly served defendant to participate in the proceedings to the
extent the interests of justice may require.
(b) With respect to actions to review decisions of a zoning board of
appeals under Division 13 of Article 11 of the Illinois Municipal Code, "parties of
record" means only the zoning board of appeals and applicants before the
zoning board of appeals. The plaintiff shall send a notice of filing of
the action by certified mail to each other person who appeared before and
submitted oral testimony or written statements to the zoning board of
appeals with respect to the decision appealed from. The notice shall be
mailed within 2 days of the filing of the action. The notice shall state
the caption of the action, the court in which the action is filed, and the
names of the plaintiff in the action and the applicant to the zoning board
of appeals. The notice shall inform the person of his or her right to
intervene. Each person who appeared before and submitted oral testimony
or written statements to the zoning board of appeals with respect to the
decision appealed from shall have a right to intervene as a defendant in
the action upon application made to the court within 30 days of the mailing
of the notice.
(b-1) With respect to an action to review a decision of an administrative agency with final decision-making authority over designated historic properties or areas under Section 11-48.2-4 of the Illinois Municipal Code or a decision of an administrative agency with final decision-making authority over exterior design review of buildings or structures under item (12) of Section 11-13-1 of the Illinois Municipal Code, "parties of record" means only the administrative agency and applicants before the administrative agency. The plaintiff shall send a notice of filing of the action by certified mail to each other person who appeared before and submitted oral testimony or a written statement to the administrative agency with respect to the appealed decision. The notice shall be mailed within 2 days of the filing of the action. The notice shall state the caption of the action, the court in which the action was filed, and the names of the plaintiff in the action and the applicant to the administrative agency. The notice shall inform the person of his or her right to intervene. Each person who appeared before and submitted oral testimony or a written statement to the administrative agency with respect to the appealed decision shall have a right to intervene as a defendant in the action upon application made to the court within 30 days of the mailing of the notice. (c) With respect to actions to review decisions of a hearing officer or a county zoning board of appeals under Division 5-12 of Article 5 of the Counties Code, "parties of record" means only the hearing officer or the zoning board of appeals and applicants before the hearing officer or the zoning board of appeals. The plaintiff shall send a notice of filing of the action by certified mail to each other person who appeared before and submitted oral testimony or written statements to the hearing officer or the zoning board of appeals with respect to the decision appealed from. The notice shall be mailed within 2 days of the filing of the action. The notice shall state the caption of the action, the court in which the action is filed, and the name of the plaintiff in the action and the applicant to the hearing officer or the zoning board of appeals. The notice shall inform the person of his or her right to intervene. Each person who appeared before and submitted oral testimony or written statements to the hearing officer or the zoning board of appeals with respect to the decision appealed from shall have a right to intervene as a defendant in the action upon application made to the court within 30 days of the mailing of the notice. This subsection (c) applies to zoning proceedings commenced on or after July 1, 2007 (the effective date of Public Act 95-321).
(d) The changes to this Section made by Public Act 95-831 apply to all actions filed on or after August 21, 2007 (the effective date of Public Act 95-831). The changes made by Public Act 100-212 apply to all actions filed on or after August 18, 2017 (the effective date of Public Act 100-212). (Source: P.A. 103-67, eff. 1-1-24 .)
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