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GOVERNMENT EMPLOYEES INS. CO. v. SMITH

No. 1-03-2438.

824 N.E.2d 1087 (2005)

355 Ill. App.3d 915

291 Ill.Dec. 837

GOVERNMENT EMPLOYEES INSURANCE COMPANY a/s/o Rosalyn Walton, Plaintiff-Appellant, v. David SMITH, Defendant-Appellee.

Appellate Court of Illinois, First District.

Nunc Pro Tunc January 11, 2005.

Attorney(s) appearing for the Case

Kevin J. Kawa, Chicago (Kevin M. Gross, of counsel), for Appellant.

Parrillo, Weiss & O'Halloran, Chicago (Keeley Truax, of counsel), for Appellee.

Justice GARCIA delivered the opinion of the court:

On February 18, 2002, the plaintiff, Government Employees Insurance Company (GEICO), filed a subrogation action against the defendant, David Smith, for property damage related to a traffic accident with Rosalyn Walton, GEICO's subroger.

On August 19, 2002, a mandatory arbitration hearing took place and the arbitrators entered an award in favor of GEICO. However, the arbitrators' order noted "bad faith participation...

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