common fund doctrine illinois

The case settled for a lump sum of $500,000. The common fund doctrine serves to limit an insurance company's recovery of insurance liens from a Plaintiff's settlement. However, if you accepted a settlement less than the full amount of your lien, but you included language stating it was not intended to be a General Release and that you did not release the balance of the debt owed by the patient or any other responsible party, you may be able to recover the attorney fees from the attorney and the unpaid balance from the patient. Millers contract with the plaintiffs law firm was for a one-third contingency fee for the legal work performed on their behalf and also agreed to reimburse the plaintiff law firm for any costs incurred. *We believe that by its use of this language, the supreme court intended to, and did, shift the focus away from the relationship between the parties and toward what it called the real question of whether the claimant benefited from the lawsuit without contributing to its costs, thereby becoming unjustly enriched. Pursuant to the terms of the Plan, Miller reimbursed the full amount of $86,709.73 to the defendants without any deduction for attorney fees or costs. 2d 657, 665 (1996). 110199, 110200 cons. In Scheppler v. Pyle, 2013 IL App. Wendling facts, lower-court ruling What Is The Difference Between The Common Fund Doctrine and The Substantial Benefit Doctrine? The Court of Appeals agreed. Chapman v. Kitzman, 193 Ill. 2d 560. See, Kline v. Eyrich, 69 S.W.3d 197 (Tenn. 2002 . October 6, 2022. The defendants became aware that Millers injuries were sustained due to the act or omission of a third-party when Miller applied for disability benefits because he was no longer able to work. As part of Millers benefit coverage, the Plan was not obligated to pay any benefits for an injury or sickness where a third-party [was] legally liable to make payment or does make payment.. The defendants filed suit in the U.S. District Court for the Southern District of Illinois once they were served with plaintiffs complaint and sought an injunction to stay the plaintiffs state court action for attorney fees and costs. It is well settled law in Illinois that an attorneys claim pursuant to the Illinois Common Fund Doctrine is not preempted by the terms of a self-funded ERISA plan. It makes no sense. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 24, 2011). common fund doctrine entitles Deutschman to a fee for the recovery of proceeds from Farmers Insurance Company (Farmers). Chapter 1 Illinois Trust Code. The insurance company must make a bona fide effort to participate in the litigation. Litigation can be complicated, especially when you are injured and questions about liens are involved. For the time being however the Illinois Common Fund Doctrine is a deeply rooted equitable remedy in Illinois with respect to self-funded employee benefit plans. Austin, TX 78759, 1301 Riverplace Blvd. *it is now well established that a litigant or a lawyer who recovers a common fund for the benefit of persons other than himself or his client is entitled to a reasonable attorney fee from the fund as a whole. The fact that the Plans terms attempted to shift the payment of attorney fees to the beneficiary had no effect on the claim by the plaintiff law firm. creating a split in the illinois appellate court on application of the common-fund doctrine in underinsured motorist cases, the 2nd district "respectfully" disagreeing with two 4th district decisions rejected kaiser law's request for fees from country preferred insurance co.kaiser's client, sandra moruzzi, had $350,000 in damages after an Common Fund Doctrine. With regard to the Med Pay set-off, it somehow came to the conclusion that Country Mutual benefited from the fund because, until the fund was created, it could not be determined whether Country Mutual had any UIM liability. The "common fund" doctrine is an equitable exception to the general rule that, absent a statute or contract, each side in a litigated case must bear its own attorneys' fees. The courts seem to require notice to be sent prior to the filing of a claim against the defendant. Examples include ERISA health benefit plans, and other polices which may include specific . 2013), Peggy Scheppler (Country Mutual) was involved in an accident with Tom Pyle (American Family). The Common Fund Doctrine is a recognized exception to the general principle that every litigant should bear his own attorney's fees, and the Doctrine provides that a litigant who recovers a common fund for the benefit of others is entitled to reasonable attorney's fees from the fund as a whole. County Preferred might be frustrated that the common fund that was created for its benefit was its own money. You are browsing the tag archive for Common Fund Doctrine. In a written opinion just released, the Illinois Supreme Court has ruled that attorneys who recover money for injured parties (sometimes referred to as the common fund) may not deduct legal fees from health care providers. Bishop v. Bugard, 198 Ill. 2d 495 (2002). However, upon Plaintiffs motion, the trial court later vacated its second order and reduced the insurers lien by one third pursuant to the common fund doctrine. The case is Wendling v Southern Illinois Hospital Services, Nos 110199, 110200 cons, 2011 WL 1085186 (Ill Sup Ct). We say this is equitable, meaning it is meant to be fair. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. 215N The Court held and stated: * if the professional or provider seeks to collect the debt owed to it out of the common fund created by the plaintiffs and their attorneys, the common fund doctrine applies and it is responsible for its proportionate share of attorney fees and costs- 770 ILCS 23/45. The doctrine is an "outgrowth" of the common fund doctrine. The November 2011 issue of the Illinois Bar Journal contains an article entitled "Creditors Are Not Freeloaders: The Common Fund Doctrine Does Not Apply to Hospital Lienholders." The law article was written by Kreisman Law Office principal Robert D. Kreisman.Kreisman has been representing Illinois plaintiffs in personal injury and medical malpractice lawsuits for over 35 years in the . Hartford, WI 53027, 101 W. Robert E. Lee Blvd. Bishop, 198 Ill. 2d 495, 510. Instead, the Court did its best Its a Wonderful Life impression, rationalizing that without the settlement there would have been no determination that UIM benefits were owed at all and there would have been nothing to set-off the Med Pay benefits against. However, the common fund doctrine is not limited to insurance subrogation cases. Scheppler, supra. Country Mutual paid Scheppler $50,000 in Med Pay benefits and waived subrogation on that amount. The Illinois Supreme Court has now held that attorneys may not collect additional fees from health care liens because the attorney has not created thefund from which the provider is paid the obligation to the provider exists irrespective of the litigation. *To sustain a claim under the common fund doctrine, the attorney must show that (1) the fund was created as a result of legal services performed by the attorney, (2) the claimant did not participate in the creation of the fund, and (3) the claimant benefited or will benefit from the fund that was created. V. Common Fund Doctrine The court held in Scholtens v Schneider 24 that the common fund doctrine allows a party who creates, preserves, or increases the value of a fund in which others have an ownership interest to be reimbursed from that fund for litigation expenses incurred, including attorney fees. The court held that the efforts of Scheppler's attorneys resulted in a $100,000 settlement from American Family. Schepplers attorneys claimed one-third of the $100,000 common fund they created and one-third of the $50,000 Med Pay set-off, as a common fund fee, even though Country Mutual had waived subrogation as to the latter. Tenney v. American Family Mutual Insurance Co., 128 Ill.App.3d 121 (1984). Thus the state law claim was not sufficient basis for an injunction. The insurance company must merely know that the Plaintiff has a potential claim, and need not wait for the Plaintiff to retain counsel. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Chapter 6 Contested Claims Against Decedents' Estates, Trusts, and Other Nonprobate Assets. See Chambers v. The Summary Plan Document . Kreisman Law Offices has been handling construction site accident cases, catastrophic injury cases, truck accident cases, automobile accident cases and nursing home abuse cases for individuals and families who have been injured or killed by the negligence of another for more than 38 years, in and around Chicago, Cook County and its surrounding areas including, Schaumburg, Schiller Park, Northlake, Bensenville, Itasca, Long Grove, River Grove, River Forest, Oak Park, Oak Lawn, Cicero, Elgin, Joliet, Waukegan and Evergreen Park, Ill. (3d) 110380-U (Ill. App. Although they hadnt benefited out of the common fund with regard to the Med Pay set-off, Schepplers attorneys argued that until the settlement fund was created, Country Mutuals obligation to pay UIM benefits would not have been established and it would not have to take the $150,000 set-off it took on the UIM benefits it owed Scheppler. The court explained the rationale behind the doctrine as follows: Because the insurer failed to show up for the hearing, the court reduced the lien to zero. The plaintiff Shrempf, Kelly, Napp & Darr, Ltd. was granted summary judgment by the Circuit Court of Madison County for attorney fees and costs they claimed were due pursuant to the Illinois Common Fund Doctrine. How Do I Find the Illinois Workers Compensation Allowable Fee Schedule? Illinois Rules of Evidence - Illinois has issued the following Rules of Evidence effective January 1, 2011; This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Bishop v. Bugard, 198 Ill. 2d 495 (2002). Simply because the state law claim [might] trigger a liability the Plan intended to place on the beneficiaries.. Its right to set-off its UIM liability by the amount of Med Pay benefits it paid was strictly contractual and established by the terms of the policy nothing Schepplers attorneys did allowed Country Mutual to take this set-off. By Zachary Jett | Events. Justice Vicki Wright strongly dissented from the Scheppler decision arguing that Schepplers attorneys were the ones unjustly enriched, because the Court should have apportioned the attorneys fees between Country Mutual and Scheppler. 8. This will also have the effect of health care providers submitting their bills to Medicare, Medicaid or an insurance company for payment where they never receive the full amount of their bills. For the common fund doctrine to apply, the attorney must create the fund through legal services, the subrogee or claimant must not have participated in bringing about the creation of the fund, and the subrogee received a benefit from the common fund. The court reviewed whether under the common funds doctrine, a lawyer who recovers an amount of money for the benefit of a person other than his client is entitled to reasonable attorney fees from the fund. The purpose of this article is to discuss the basic concepts surrounding the Made Whole Doctrine and identify some areas where application of the doctrine may be different across jurisdictions. ICS Members - Login HereClick Here to Access Your Member AccountClick Here to Join the ICS, Illinois Chiropractic Society710 South 2nd StreetSpringfield, IL62704Ph: 217-525-1200Fx: 217-525-1205, About UsFind A DoctorMember BenefitsEducation & EventsPolitical Action CommitteeClassifiedsCorporate ClubPolicy Statements, Designed by Elegant Themes | Powered by WordPress, National Health Reform Moves Forward Despite Court Rulings, Healthier Illinois Informational site for patients, Bronchogenic Carcinoma on Thoracic Spine Study, Workers Compensation Insurance for Chiropractic Employers, https://ilchiro.org/news/news.asp?id=128136, http://www.state.il.us/court/Opinions/SupremeCourt/2011/March/110199.pdf. (ERISA). The best way to explain this concept is through an illustration: Settling Sally settles her car accident case for $25,000. The Plans contractual provisions cannot govern the relationship between an independent entity, i.e., the attorney whose efforts created the common fund, and the Plan itself. [Citation.] Proper lien resolution is important in personal injury claims. The Illinois Appellate Court found that "the Common Law Fund Doctrine is an exception to the general American rule that, absent a statutory provision or an agreement between parties, each party to litigation bears its own attorney fees and may not recover those fees from an adversary. Typically, each party is responsible for their own attorneys fees unless there is a statute or an agreement between the parties to the contrary. Illinois Supreme Court Rules Common Fund Doctrine Does Not Apply to Healthcare Liens - Wendling v. Southern Illinois Hospital Services Madison County, Illinois for attorney's f ees to recover the sum of $28, 903.25, plus costs of suit from the Plan relying on the Illinois Common Fund Doctrine. Rptr. 2013), Peggy Scheppler (Country Mutual) was involved in an accident with Tom Pyle (American Family). 3 The common fund doctrine has been described as follows: " 'The common fund doctrine is an exception to the general American rule that, absent a statutory provision or an agr eement between the parties, each party to litigation bears its own attorney fees and may not recover those fees from an adversary. New Orleans, LA 70124, 1851 East First St. As a condition for payment of Plan benefits, Miller and his attorney were required by the Plan to complete and sign a Subrogation Agreement Right to Reimbursement form to warrant that they would adhere to the requirements of the Plan in the event of any third-party recovery on account of Millers injuries. The Plan documents mandated that the rate of reimbursement was 100%, without any reduction whatsoever. 315, 569 P.2d 1303].) The common fund doctrine most often appears in situations where an insurer obtains a recovery for medical expenses they paid through the plaintiff's attorney's efforts in securing the fund. Kaiser Foundation Health Plan, Inc. (1993) 17 Cal.App.4th 1284, 1297, the court defined the common fund doctrine in the following manner: "It is well established that, when two or more parties are entitled in common to a fund created by a recovery from a third party, and the costs of litigation have been borne by only one of then, the courts . 110199, 110200 cons., the "common fund doctrine" applied to medical providers. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 2 JURISDICTION 3 The trial court denied Deutschman's motion to reconsider on February 26, 2015. Illinois courts have also found that the doctrine does not apply when the Plaintiffs attorney knows that the insurance company is an unwilling participant. Scholtens v. Schneider, 173 Ill. 2d 375, 385 (1996). See McCutchen. "The Common Fund Doctrine is an exception to the general American rule that, absent a statutory provision or an agreement between the parties, each party to litigation bears its own attorney fees and may not recover those fees from an adversary." Wendling v. Southern Illinois Hospital Services, 242 Ill.2d. Under the Illinois Health Care Services Lien Act, hospitals and healthcare providers do not directly . If you should have any questions regarding this article or subrogation in general, please contact Gary Wickert at [emailprotected]. Francis Vose was the plaintiff in Greenough. 2d 1263 (2000). Is it fair that hopitals can collect 100% of their bill . On March 4, 2010, the Appellate Court of Illinois, Fifth District, upheld a decision of the Circuit Court of Williamson County finding that the common-fund doctrine applied to hospitals' statutory liens filed pursuant to the Health Care Services Liens Act. Conversely, the common fund doctrine permits a lawyer who preserves, creates, or increases the value of a . Common Fund Doctrine Applies to Medical Payments in Illinois Injury Settlement June 10, 2009 To the relief of Chicago personal injury lawyers , a divided Illinois Appellate Court for the Fourth District recently held that the "common fund doctrine" applied reimbursement of injured plaintiff's medical payments paid by plaintiff's insurer. Even though the defendants relied heavily on the U.S. Supreme Court case of U.S. Airways, Inc. v. McCutchen, 133 S.Ct. In one of last year's most questionable court decisions, a sharply-divided Illinois Court of Appeals has held that the Common Fund Doctrine applies to Med Pay set-offs. Instead, the Plaintiff first learned of the arbitration when the Defendants insurer provided the Plaintiff with a copy of the letter approximately six months after the lawsuit was filed. Illinois common fund doctrine. Whether the equitable common-fund doctrine should govern the allocation of responsibility for the attorney's fees the participant incurred in securing the recovery from which the fiduciary seeks reimbursement. American Family had $100,000 liability limits, which were paid to Scheppler. It is clear that Country Mutual did not benefit from or receive any money out of the third-party recovery. 2 On May 4, 2006, James Corey Miller (Miller) was injured when he fell from a ladder. We serve the following localities: Cook County including Arlington Heights, Barrington, Berwyn Township, Chicago, Des Plaines, Glenview, Orland Park, Palos Park, Schaumburg, and Tinley Park; DuPage County including Downers Grove, Naperville, and Bolingbrook; Kane County including Aurora, Elgin and Geneva; Lake County including Waukegan; and Will County including Joliet. ILLINOIS LIENS AND THE COMMON FUND DOCTRINE Presented and Prepared by: Mark D. Hansen mhansen@heylroyster.com Peoria, Illinois 309.676.0400 Prepared with the Assistance of: Timothy D. Gronewold tgronewold@heylroyster.com Peoria, Illinois 309.676.0400 Heyl, Royster, Voelker & Allen Schrempf, Kelly, Napp & Darr, Ltd. v. The Carpenters Health and Welfare Trust Fund, et al., 2015 IL App (5th) 130415 (July 8, 2015). Law firm can properly pay former partner share of contingent fee earned after partner left firm to become State's Attorney as long as payment is part of separation agreement under Rule 1.5(j) and payment does not violate public policy concerns; former partner's disqualification from private practice as State's Attorney does not bar payment to former partner of share of fee earned by firm . The common-fund doctrine is a court-ordered mechanism designed to spread attorney fees among various beneficiaries to a fund. The facts presented here were near identical to those considered by the Illinois Supreme Court in the Bishop case. Miller was a participant in the defendants Plan. Disaster Recovery Plans for Your Practice. 3d at 457 (insurer-subrogee held liable under the common fund doctrine where it did not take any action on its subrogation claim for more than a year and a half after it was aware of the claim and after the insured had filed its lawsuit); McGee, 267 Ill. App.3d at 400 (insurer-subrogee's notice that it intended to . *it is irrelevant that the party who benefits from a lawyers services has a right to compensation, be it undifferentiated right of reimbursement or subrogation. The common fund doctrine does not apply to health care liens under the Health Care Services Lien Act, 770 ILCS 23/1 et seq, the Illinois Supreme Court has held. COMMON HVAC CHALLENGES. Commonly, this doctrine is applied in cases involving car accidents, pedestrian accidents, and bicycle accidents in which the plaintiffs insurance company has paid for medical expenses for the plaintiffs injuries and is seeking repayment from the at-fault defendants insurance company. Chapter 2 Will Contests. The common fund doctrine sets a baseline reduction on the lien reduction. 2d 646, 648 (2011). There is nothing in the record that would allow the appellate court to conclude that the plaintiff law firm agreed to forego payment of its attorney fees and costs for conferring benefit on the Plan. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The case is Wendling v. Illinois personal injury lawyers should be aware that on March 4, 2010, the Appellate Court in Holloway v. Dunway, 2010 WL 763918, held that medical providers stautory liens for services rendered (770 ILCS 23/1 et seq.) 14. For the foregoing reasons, the Illinois Appellate Court affirmed the judgment of the summary judgment in favor of the plaintiff law firm. Jacksonville, FL 32207. List of Forms by Chapter. However, the doctrine will not apply when the subrogee expresses a prompt, clear, and unequivocal desire to pursue its own subrogation claim against the defendants insurance company. If the insurance company makes any kind of request of the Plaintiffs attorney to protect their rights, even if they state there is no intention of employing the attorney, the common fund doctrine will be applied because the insurer is benefitting from the legal services of the attorney. 2d 1263 (2000). under the common fund doctrine, an attorney who performs services in creating a fund (i.e., a settlement for the client) should be allowed compensation out of the whole fund from those who seek to benefit from it (subrogation lienholders).this means that the client does not have to pay that portion of the costs, which means more money in the The ICS has previously reported this case to its members, together with options for how to handle pending matters while awaiting the Supreme Court opinion. The use of the Common Fund Doctrine, with healthcare professional and healthcare provider contribution, will prevent this unjust . The Plaintiff then sought to adjudicate liens. Vague language can allow for reductions for common fund or limit recovery rights on 1 st party coverage. 490 (1996). The defendants refused payment, which led to the filing of this separate action based on the Illinois Common Fund Doctrine. Make Whole Doctrine: If the Plan language lacks the disavowing of this doctrine argue the make whole doctrine means no recovery for the Plan in your case. Prior to the settlement, the defendants had advanced benefits under the Plan for Miller in the amount of $86,709.73. *the common fund doctrine permits a party who creates, preserves, or increases the value of a fund in which others have an ownership interest to be reimbursed from that fund in which others have an ownership interest to be reimbursed from that fund for litigation expenses incurred, including counsel fees. Good news for injured Illinois citizens. However, the defendants refused to pay the attorney fees and costs. Bishop v. Bugard, 198 Ill. 2d 495 (2002). 1537, 1547 (2013) which held that the terms of the ERISA plan in that case could not be altered by equitable doctrines, this Illinois Appellate Court found that the Bishop case was quite clear on the direction to be taken and that there is dicta of the McCutchen case that could foreshadow a different result than the Illinois Supreme Court has pronounced in the past. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. With Howell v. Southern Illinois Hospital Services, d/b/a Herrin Hospital. Tip #8: Reduce for Common Fund Depending on your jurisdiction, the common fund doctrine may allow for reduction for attorney's fees and pro rata share of costs depending on the law of your jurisdiction. If you have been injured, it is important to seek the advice of an experienced attorney. Apr 6, 2022 | Featured, Practice Management, zall | . The Plan is a self-funded, multi-employer, Employee Welfare Benefit Plan subject to the provisions of the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. (Ill. Mar. The Supreme Court reversed, holding that while the ERISA plan could recover the medical expenses paid, any recovery had to be reduced proportionately - pursuant to the common-fund doctrine -. October 19th, 2012 | Car Accidents, Insurance | Comments Off on Common Fund Doctrine. *While the hospitals right to payment may not be dependent on the creation of the fund, its statutory lien is in fact dependent on the creation of the fund, for the lien specifically and expressly attaches only to the common fund. The common fund doctrine, the Court explained, is codified in Section 40-15 of the Illinois Limited Liability Company Act, 805 ILCS 180/40-15, which provides that, "if a derivative action is successful, in whole or in part, or if anything is received by the plaintiff, the court may award the plaintiff reasonable expenses, including . The doctrine is typically applied where an insurance company makes a payment to its insured to cover certain out-of-pocket expenses. To be entitled to attorneys' fees under the common fund doctrine in Illinois, the attorney must usually demonstrate that: (1) the fund was created as a result of the attorney's services, (2) the insurance company did not participate in the creation of the fund, and (3) the insurance company benefited or will benefit from the fund's creation. Therefore, it is not preempted by ERISA. In this case, Miller was the Plan beneficiary whos bound by the contractual terms of the Plan. Chapman v. Kitzman, 193 Ill. 2d 560. If you have previously reached an impasse with a patients attorney, and you have demanded adjudication of your lien before the circuit court where the patients case was filed, you may now assert the Wendling case to the court to support your argument that you are not required to pay attorney fees to the patients attorney. The common fund doctrine is an exception to the American rule on attorney's fees. Click here to see the Attorney Profile of, Pleading Covid-19 Wrongful Death Suits against Nursing Homes in Illinois, Higher Cancer Risks Due to Ethyl Oxide Emissions-Willowbrook, Arbitration in Illinois Nursing Home Care Contracts. The common fund doctrine most often appears in situations where an insurer obtains a recovery for medical expenses they paid through the plaintiff's attorney's efforts in securing the fund. 13. The U.S. Supreme Court applies the Common Fund Doctrine to the right to recover payments under an employee benefit plan By Robert T. Park Civil Practice and Procedure, April 2013 The decision in U.S. Airways, Inc. v. McCutchen signals a willingness of the federal courts to apply the common fund doctrine to employee benefit plan reimbursement where the plan does not expressly allocate the cost . My Local Newspaper Votes Me the Best Now What? Under this doctrine, medical providers were responsible for paying their share of the costs of recovering unpaid medical bills. In sum, this is a classic common fund doctrine case where a lawyer can recover a legal fee without an engagement letter from a party that benefits from its legal services. 1111 E. Sumner St. (Serrano v. Priest (1977) 20 Cal.3d 25, 38 [141 Cal. Accordingly, the Second Circuit affirmed the trial court's ruling finding that lead . The doctrine allows a court to award attorneys' fees to counsel for the prevailing side whose efforts create or preserve a common fund from which others who have . The plaintiff law firm then filed a motion for summary judgment pursuant to Section 2-1005 of the Code of Civil Procedure (735 ILCS 5/2-1002) against the defendants. His lawyers however were not parties to the contract and the contractual provisions did not govern the relationship between the Plan and the plaintiff, an independent entity. Common Fund Doctrine refers to a principle that a litigant who creates, discovers, increases, or preserves a fund to which others also have a claim is entitled to recover litigation costs and attorney's fees from that fund. The plaintiff law firm also requested costs to be reimbursed in the amount of $3,020.09. Courts have required that this letter be unequivocal and prompt. In one of last years most questionable court decisions, a sharply-divided Illinois Court of Appeals has held that the Common Fund Doctrine applies to Med Pay set-offs. Further, if the employee retained his own attorney to recover the Plan benefits the Plan [was] not obligated to pay or contribute to or be charged for any attorney fees or other expenses incurred by [the employee] to obtain [the] third-party recovery, and all such fees and expenses [were] the obligation of the [employee] alone.. dc.contributor.author: Ellison, Ayla: en_US: dc.date.accessioned: 2018-09-10T19:19:32Z: dc.date.available: . In Illinois, this prompt, clear, and unequivocal desire is expressed in a Tenney letter. * To sustain a claim under the common fund doctrine, the attorney must show that (1) the fund was created as a result of legal services performed by the attorney, (2) the claimant did not participate in the creation of the fund, and (3) the claimant benefited or will benefit from the fund that was created. . The court distinguished Baier by noting that the plaintiff's liability to the hospital was not dependent upon the creation of a fund; rather, the plaintiff was a debtor obligated to pay . Plaintiff and Defendant came to a settlement of $40,000.00 which both sides believed included the Plaintiffs insurers subrogation claim. In Scheppler v. Pyle, 2013 IL App. Scholtens v. Schneider, 173 Ill.2d 375, 390, 671 N.E. Her attorney advanced $1,250 in costs to recover the $25,000.

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