The liability insurance score card

By Ted Flickinger, Managing Editor

Local units of government were clearly the biggest winners in the final legislation passed by State lawmakers to address problems relating to the availability and affordability of liability insurance.

Local governments gained several major changes that can ultimately ease the devastating financial burden being felt by park, recreation, forest preserve and conservation agencies statewide. Our most substantial gains were achieved in modifications to the Local Government and Governmental Employees Tort Immunity Act. We also made inroads in the joint and several liability and collateral source issues,

In essence, the negotiations with businesses, the trial lawyers, the insurance industry and other concerned parties netted a compromise which we view as a beginning for enacting the far-reaching resolutions necessary to provide meaningful relief to all units of local government. However, I find it difficult to accept that the insurance industry walked away from this legislative session with minimal adjustments to its business practices.

State lawmakers have endorsed Senate Bill 1200 as a solution to the liability insurance problem. We are willing to accept their judgment that this legislation will result in some initial, positive changes for the public, and we will depend on your communication to let us know, in fact, about the soundness of their decision.

Senate Bill 1200 is, in part, the result of many long hours of intense and often frustrating negotiations. However, no changes could have been realized without your consistent support. Thank you for taking those initial steps with us, and for supporting our efforts. We look forward to working with, and for you, on this and other issues of mutual concern in the months ahead.

The provisions of Senate Bill 1200 are outlined in the Legal/ Legislative Scene section of this issue. As of this writing, it is anticipated that the Governor will sign the bill. It will take effect 60 days after his signature, and will apply only to causes of action accruing on or after such effective date.

The cover photo was taken by David R. Tracy during a visit to the Trailsite Center at the Rockford Park District. The girl is his daughter, Megan.

Illinois Parks and Recreation 5 July/August 1986