Construction, Inc. v. Administrative Employee Services, Inc., Nos.
16-1294 & 16-1739 Cons. (October 20, 2016) N.D. Ill., E. Div. Affirmed
Dist. Ct. did not err in dismissing plaintiff’s action seeking reimbursement
for $500,000 deductible that it paid for workers’ compensation benefits arising
out of injuries that four of defendants’ workers sustained on plaintiff’s
construction project. While plaintiff’s workers’ compensation insurer may have
viable cause of action to split cost of workers’ compensation benefits with one
defendant’s insurer, plaintiff could not seek compensation for deal it made
with its insurer to pay instant $500,000 deductible on its own insurance
policy. Moreover, Ct. rejected plaintiff’s claim that one defendant, which had
separate workers’ compensation insurance policy, was unjustly enriched by not
having to pay anything for said workers’ compensation benefits, where Ct. found
that said defendant was not obligated to purchase policy that would get
plaintiff out of its obligation to pay instant deductible.