Halloran v. Dickerson
State: Illinois
Court: 5th District Appellate
Docket No: 5-96-0410
Case Date: 04/09/1997
NO. 5-96-0410
IN THE
APPELLATE COURT OF ILLINOIS
FIFTH DISTRICT
_________________________________________________________________
JUNE E. HALLORAN, Executrix of the ) Appeal from the
Estate of John W. Halloran, Deceased,) Circuit Court of
) Madison County.
Plaintiff-Appellee, )
)
v. ) No. 93-L-1336
)
JAMES A. DICKERSON and DEBRA A. )
ROBERSON, )
)
Defendants )
) Honorable
(Union Automobile Insurance Company, ) A. A. Matoesian,
Intervenor-Appellant). ) Judge, presiding.
_________________________________________________________________
JUSTICE MAAG delivered the opinion of the court:
On July 27, 1993, John Halloran was involved in an
automobile
accident with another vehicle operated by James Dickerson. The
owner of the vehicle being operated by Dickerson was Debra
Roberson. John Halloran died the following day of injuries
suffered in the accident. June Halloran was appointed executrix
of
the estate of John Halloran, and she commenced an action against
Dickerson premised on alleged negligence and wilful and wanton
conduct. In a separate count, Roberson was sued on a negligent
entrustment theory.
The defendants were insured under a policy of insurance
issued
by Union Automobile Insurance Company (Union). The bodily injury
limits applicable to each person injured or killed was $25,000.
Union assumed the defense of Dickerson and Roberson pursuant to
the
defense provisions of its policy. On June 22, 1995, a jury
returned a verdict in favor of Halloran in the amount of $2.5
million. Judgment was entered on the verdict the same day.
In addition to the $25,000-per-person bodily injury limits,
the policy provided:
"Supplementary Payments
In addition to our limit of liability, we will pay on behalf
of an "insured":
* * *
3. Interest accruing after a judgment is entered in
any
suit we defend. Our duty to pay interest ends when we
offer to pay that part of the judgment which does not
exceed our limit of liability for this coverage."
On July 31, 1995, Union mailed a check for $49,041.16 to the
Madison County circuit clerk's office to be placed in an escrow
account and held by the clerk "until such time as there is a
final
resolution" of the case. Receipt by the clerk was logged as
occurring at 11:57 a.m., August 1, 1995. The check represented
what Union believed to be the accrued interest to July 31, 1995,
($24,041.16) along with the $25,000 policy limits. In August
1995,
counsel for plaintiff requested the circuit clerk to release the
funds from the account to plaintiff. However, when the court
approved disbursement of the funds to plaintiff, Union objected.
Union faxed a letter to the clerk stating that posttrial motions
were pending and that the money was not to be released until a
final resolution of the case had occurred. The court then
vacated
its order to disburse the funds. On September 13, 1995,
plaintiff
mailed to Union's vice president of claims a list of claimed
taxable costs. The total costs claimed amounted to $1,991.60.
On
April 30, 1996, Union paid the plaintiff $1,991.60, which it
designated as payment of court costs.
On September 15, 1995, plaintiffs filed a "Motion to
Disburse
Funds". The motion recited that a request had been made to
release
the funds deposited with the clerk, and it asserted that due to
Union's objection no disbursement was ordered. It further
asserted
that the tender to the clerk was improper and invalid, and that
in
any event the interest amount as computed by Union was deficient.
The prayer for relief requested the "court to disburse the funds
deposited by Union Insurance Group in this case and to compel
payment of all further accrued interest up to the date of valid
tender."
On October 6, 1995, following discussions between the
parties,
it was agreed to suspend the accrual of interest as of that date.
The precise terms of the agreement are discussed later in this
decision. However, as part of this agreement, Union agreed that
no
hearing would be necessary on that part of plaintiff's September
15, 1995, motion which sought disbursal of the funds.
Plaintiff finally gained control of the $49,041.16, less a
$1,226.03 handling fee (2.5% of the funds held) assessed by the
clerk's office, on December 6, 1995. The fee was charged by the
clerk pursuant to section 27.1a(bb)(1) of the Clerk of Courts Act
(705 ILCS 105/27.1a(bb)(1) (West 1992)).
On April 10, 1996, plaintiff informed Union that its October
agreement to stop the accrual of interest was terminated.
On April 26, 1996, a hearing was held on that part of
plaintiff's September 15, 1995, motion which sought a court
determination as to the amount of interest owed. The court in an
order dated May 9, 1996, ruled as follows:
"O R D E R
Cause comes on for hearing on Plaintiff's Motion to Disburse
Funds. After hearing argument of counsel, the Court finds:
1. Judgment was rendered in the amount of $2,500,000.00 on
June 22, 1995;
2. Interest runs at a rate of 9% per annum on said
judgment,
or $616.44 per diem;
3. On July 31, 1995, Union Automobile Insurance Company
sent
a check pursuant to its contract with its insured for
$49,041.16 to the office of the Circuit Clerk of Madison
County, which sum represented the policy limit of $25,000.00
plus $24,041.16 in accrued interest to that date.
4. The court ordered disbursement of the Clerk's fund on
August 16, 1995, but Union Insurance objected to this
disbursal. The Court then vacated the order to disburse
until
Union Insurance agreed to disbursement.
5. The Plaintiff was not given access to or control over
these funds and, therefore, the Court finds that no valid
tender was effected to plaintiff.
6. The Circuit Clerk's office deducted $1,226.03, or 2
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