Illinois Supreme Court

Prate Roofing and Installations, LLC v. Liberty Mutual Insurance Corp.

May 19, 20222022 IL 127140

Summary

The court held that the Department of Insurance had statutory authority under section 462 of the Illinois Insurance Code to review and resolve the dispute over Liberty’s additional workers’ compensation premium. The dispute concerned the application of an NCCI rating rule to Prate’s policy, and resolving that issue could require factual findings about the subcontractor’s insurance, employees, and the premium calculation. The court reversed the appellate court and remanded for consideration of the parties’ remaining arguments.