APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION
July 22, 1994
COLONIAL PENN INSURANCE COMPANY, PLAINTIFF-APPELLEE
MARIANNA WOODWARD, DEFENDANT-APPELLANT.
Appeal from the Circuit Court of Cook County. No. 93 CH 145. The Honorable Albert Green, Judge Presiding.
Petition for Rehearing Denied September 22, 1994,
Egan, P.j., with Rakowski. J., and Giannis, J., Concurring.
Marianna Woodward appeals the grant of a declaratory judgment to her insurer, Colonial Penn Insurance Company. Woodward contends that she should be able to arbitrate the question of damages arising after she received a judgment against one tortfeasor and that her recovery from Colonial Penn should not be limited by the amount she has already received from a settling tortfeasor.
The determination of an insured's damages in a trial court proceeding is binding on the insured and collaterally estops that insured from arbitrating the question of damages. (Coronet Insurance Co. v. Booker (1987), 158 Ill. App. 3d 466, 471, 511 N.E.2d 793, 110 Ill. Dec. 616; Melohn v. Ganley (1951), 344 Ill. App. 316, 100 N.E.2d 780.) Moreover, any amount received from a settling tortfeasor reduces the amount the plaintiff may collect. (Schoonover v. International Harvester Co. (1988), 171 Ill. App. 3d 882, 884, 525 N.E.2d 1041, 121 Ill. Dec. 734.) For these reasons, we affirm the declaratory judgment in accordance with Supreme Court Rule 23(c)(2).
EGAN, P.J., with RAKOWSKI. J., and GIANNIS, J., Concurring.
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