Illinois General Assembly - Illinois Compiled Statutes

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215 ILCS 5/143b

(215 ILCS 5/143b) (from Ch. 73, par. 755b)

Sec. 143b.

Any insurance carrier whose payment to its insured is reduced by a
deductible amount under a policy providing collision coverage is
subrogated to its insured's entire collision loss claim including the
deductible amount unless the deductible amount has been otherwise
recovered by the insured, but if the deductible amount has been
otherwise recovered by the insured it shall not be included in the
subrogated loss claim and shall be excluded from the amount of loss
pleaded. If the deductible amount is included
in the subrogated loss
claim the insurance carrier shall pay the full pro rata deductible share to its
insured out of the net
recovery on the subrogated claim. Administrative
expenses of the insurance carrier
cannot be deducted from the gross recovery, and only incurred expenses of
the carrier, such as attorney's fees, collection fees and adjuster's fees,
may be deducted therefrom to determine the net recovery.  When the insurance
carrier is recovering directly from a third party a claim by means of installments,
the insured shall receive his full
pro rata deductible share as soon as such amount is collected and before
any part of such recovery is applied to any other use.

(Source: P.A. 83-588.)