ILLINOIS INS. GUAR. FUND v. BECERRA

No. 21-1942.

33 F.4th 916 (2022)

ILLINOIS INSURANCE GUARANTY FUND, Plaintiff-Appellant, v. Xavier BECERRA, Secretary of Health and Human Services, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided May 6, 2022.


Attorney(s) appearing for the Case

Julie L. Young , Alyssa M. Gregory , Rowe W. Snider , Attorneys, Hugh S. Balsam , Locke Lord LLP, Chicago, IL, for Plaintiff-Appellant.

Nigel Cooney , Attorney, Office of the United States Attorney, Chicago, IL, Gina Rozman , Attorney, Department of Health and Human Services, Office of the Chief Counsel, Region V, Chicago, IL, for Defendants-Appellees.

Before Rovner, Hamilton, and Jackson-Akiwumi, Circuit Judges.


Plaintiff-appellant Illinois Insurance Guaranty Fund is the state-created insolvency insurer for member insurance companies in Illinois. When a member insurer becomes insolvent, the Fund steps in to pay covered claims. In the case of an insolvent health insurer, many claims are for patients who are eligible for both Medicare...

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