HB 4548

Amends the Illinois Insurance Code. Provides that if an insurer tenders the lesser of the policy limits or the amount demanded by the claimant in a statutory or common law action alleging bad faith within 90 days after receiving actual notice of a claim accompanied by sufficient evidence to support the amount of the claim, no liability may be imposed against the insurer. Provides that if a named insured, omnibus insured, or named beneficiary is awarded a declaratory judgment in an action in State or federal court to determine insurance coverage after the insurer has made a total coverage denial of a claim, the court must award reasonable attorney's fees to the named insured, omnibus insured, or named beneficiary who has prevailed in the action. Creates a presumption that, in any action by or against a company, if there is an issue of the liability of a company, and it appears to the court that such action or delay is vexatious and unreasonable, the court may allow as part of the taxable costs in the action reasonable attorney's fees, as determined by the lodestar fee method of multiplying the number of hours reasonably spent on a case by a reasonable hourly rate, adjusted up or down by a multiplier to account for factors such as the quality of the work, complexity of the case, or risk of loss. Provides that this presumption may be overcome only in rare and exceptional circumstances. Amends the Code of Civil Procedure. Changes the percentage from 25% to 50% that triggers joint and several liability of a defendant of all damages. Provides criteria for the admissibility of unpaid, past, and future medical expenses in personal injury and wrongful death cases. Amends the Premises Liability Act. Provides that in an action for damages against the owner, lessor, operator, or manager of commercial or real property brought by a person lawfully on the property who was injured by the criminal act of a third party, the trier of fact must consider the fault of all persons who contributed to the injury. Makes other changes. Applies to all actions filed on or after the effective date of the amendatory Act. Effective immediately.