Medical Protective Company v. HYUN KIM, TERRY JENNINGS, EARL H. JENNINGS, and ILLINOIS INSURANCE GUARANTY FUND

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
December 18, 2007
Before
Hon. RICHARD D. CUDAHY, Circuit Judge
Hon. MICHAEL S. KANNE, Circuit Judge
Hon. DIANE S. SYKES, Circuit Judge
Nos. 05-2038 & 05-2416
MEDICAL PROTECTIVE COMPANY,
Plaintiff-Appellant,
v.
HYUN KIM, TERRY JENNINGS,
EARL H. JENNINGS, and ILLINOIS
INSURANCE GUARANTY FUND,
Defendants-Appellees.
Appeal from the United States
District Court for the
Southern District of Illinois.
No. 02 C 4121
G. Patrick Murphy,
Judge.
O R D E R
Medical Protective Company (“MedPro”) has petitioned for panel rehearing
for the limited purpose of clarifying our remand instructions regarding the district
court’s order awarding damages, costs, and attorney’s fees under the Illinois
Insurance Code, 215 ILL . COMP . STAT . 5/155.
In our November 13, 2007 opinion, we vacated the district court’s order
awarding penalties pursuant to section 5/155, but our remand instructions referred
only to the award of costs and attorney’s fees under the statute. But our holding
that the district court abused its discretion by imposing penalties under
section 5/155 necessarily means the district court’s award of statutory damages (as
well as costs and attorney’s fees) is vacated.
Accordingly, the final paragraph of the opinion is amended to read:
For the foregoing reasons, the judgment of the district court is AFFIRMED,
with the exception of the award of damages, costs, and attorney’s fees under
section 5/155; we VACATE that aspect of the judgment and remand for entry of an
amended judgment consistent with this opinion.

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