New Law On Settlement Payments Spurs Concerns From Defense Bar; ITLA President Says It ‘Codifies Common Sense’
From the Madison County Record
A new law that sets requirements for the payment of settlements has some defense attorneys concerned about how it will affect their clients, as well as the overall process of negotiating and settling civil cases.
The Illinois Association of Defense Trial Counsel (IDC) joined the Illinois Insurance Association and the Property Casualty Insurers Association of America earlier this month to host a seminar about the new law, which will take effect Jan. 1, at Hinshaw & Culbertson in Chicago.
Among other provisions, Public Act 98-548 will require settling defendants to tender a release to the plaintiff within 14 days of an agreement and to pay the settlement within 30 days of the receiving the executed release.
Pushed by the Illinois Trial Lawyers Association (ITLA), the measure was introduced in February as Senate Bill 1912, passed by both chambers of the General Assembly by the end of May and signed into law in August.
Following Gov. Pat Quinn’s approval of the measure, the IDC expressed concerns in a press release that the new law “is an unwarranted and unnecessary intrusion into the process of settling civil lawsuits, and will hinder settlements rather than promoting prompt settlement.”
Springfield attorney and lobbyist R. Mark Mifflin told attendants at the Nov. 8 seminar the IDC worked with the business community, as well as the Illinois State Medical Society, to try to make changes to the measure, but with the exception of an increase to the deadline for paying out settlements, were ultimately unsuccessful in their efforts.
“No one knows for sure how this is going to play out,” said Mifflin, IDC’s second vice president.
Saying that he finds some of the new law’s provisions problematic in that they don’t fully address liens and provide deadlines that may be unreasonable in certain situations, Mifflin urged defense attorneys to be diligent to avoid negative consequences for their clients.
Read more in our daily News Update...
From the Madison County Record
A new law that sets requirements for the payment of settlements has some defense attorneys concerned about how it will affect their clients, as well as the overall process of negotiating and settling civil cases.
The Illinois Association of Defense Trial Counsel (IDC) joined the Illinois Insurance Association and the Property Casualty Insurers Association of America earlier this month to host a seminar about the new law, which will take effect Jan. 1, at Hinshaw & Culbertson in Chicago.
Among other provisions, Public Act 98-548 will require settling defendants to tender a release to the plaintiff within 14 days of an agreement and to pay the settlement within 30 days of the receiving the executed release.
Pushed by the Illinois Trial Lawyers Association (ITLA), the measure was introduced in February as Senate Bill 1912, passed by both chambers of the General Assembly by the end of May and signed into law in August.
Following Gov. Pat Quinn’s approval of the measure, the IDC expressed concerns in a press release that the new law “is an unwarranted and unnecessary intrusion into the process of settling civil lawsuits, and will hinder settlements rather than promoting prompt settlement.”
Springfield attorney and lobbyist R. Mark Mifflin told attendants at the Nov. 8 seminar the IDC worked with the business community, as well as the Illinois State Medical Society, to try to make changes to the measure, but with the exception of an increase to the deadline for paying out settlements, were ultimately unsuccessful in their efforts.
“No one knows for sure how this is going to play out,” said Mifflin, IDC’s second vice president.
Saying that he finds some of the new law’s provisions problematic in that they don’t fully address liens and provide deadlines that may be unreasonable in certain situations, Mifflin urged defense attorneys to be diligent to avoid negative consequences for their clients.
Read more in our daily News Update...