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735 ILCS 5/2-1205.1
(735 ILCS 5/2-1205.1) (from Ch. 110, par. 2-1205.1)
(Text of Section WITH the changes made by P.A. 89-7, which has been held
unconstitutional)
Sec. 2-1205.1.
Reduction in amount of recovery.
In all cases
on account of bodily injury or death or physical damage to property, based
on negligence, or product liability based on any theory or doctrine,
to which Section 2-1205 does not apply, the amount in excess of $25,000 of the
benefits provided for medical
charges, hospital charges, or nursing or caretaking charges, which have been
paid, or which have become payable by the date of judgment to the injured
person by any other
insurance company or fund in relation to a particular
injury, shall be deducted from any judgment.
Provided, however, that:
(1) Application is made within 30 days to reduce the judgment;
(2) Such reduction shall not apply to the extent that there is a
right of recoupment through subrogation, trust agreement, contract, lien,
operation of law or otherwise;
(3) The reduction shall not reduce the judgment by more than 50% of
the total amount of the judgment entered on the verdict; and
(4) The damages awarded shall be increased by the amount of any
insurance premiums or the direct costs paid by the plaintiff for such
benefits in the 2 years prior to plaintiff's injury or death or to be paid
by the plaintiff in the future for such benefits.
(Source: P.A. 89-7, eff. 3-9-95.)
(Text of Section WITHOUT the changes made by P.A. 89-7, which has been held
unconstitutional)
Sec. 2-1205.1.
Reduction in amount of recovery.
In all cases
on account of bodily injury or death or physical damage to property, based
on negligence, or product liability based on
strict tort liability,
to which Section 2-1205 does not apply, the amount in excess of $25,000 of the
benefits provided for medical
charges, hospital charges, or nursing or caretaking charges, which have been
paid, or which have become payable by the date of judgment to the injured
person by any other
insurance company or fund in relation to a particular
injury, shall be deducted from any judgment.
Provided, however, that:
(1) Application is made within 30 days to reduce the judgment;
(2) Such reduction shall not apply to the extent that there is a
right of recoupment through subrogation, trust agreement, contract, lien,
operation of law or otherwise;
(3) The reduction shall not reduce the judgment by more than 50% of
the total amount of the judgment entered on the verdict; and
(4) The damages awarded shall be increased by the amount of any
insurance premiums or the direct costs paid by the plaintiff for such
benefits in the 2 years prior to plaintiff's injury or death or to be paid
by the plaintiff in the future for such benefits.
(Source: P.A. 84-1431.)
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