Injunction With Damages In Illinois
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Injunctive relief is a legal remedy that can be awarded by a court to prevent a party from taking certain actions or to require them to take certain actions. It is a form of equitable remedy that is used when monetary damages are not sufficient to remedy a breach of contract.
This chapter discusses that statute, §155 of the Illinois Insurance Code (215 ILCS 5/155). Section 155 of the Insurance Code provides a limited monetary recovery, together with attorneys' fees, for an insurer's unreasonable and vexatious failure to fulfill its contractual and legal obligations to its policyholders.
Injunctive relief is a legal remedy that can be awarded by a court to prevent a party from taking certain actions or to require them to take certain actions. It is a form of equitable remedy that is used when monetary damages are not sufficient to remedy a breach of contract.
A party can seek the remedies of damages and injunctive relief as part of the same cause of action.
A prohibitory injunction is the most common form of injunction, and directs a party to refrain from acting in a certain manner. Examples of a prohibitory injunction are cease and desist orders such as an order stopping a bulldozer prior to the razing of an historic building.
Unlike monetary damages, which compensate a party for harm or losses, equitable relief directs a party to act—or refrain from acting—in a way that restores balance between the parties.
Injunctive relief usually takes one of three forms: temporary restraining order (TRO), preliminary injunction, and permanent injunction. As their modifying terms imply, each has a different level of the time commitment involved.
An injunction is a court order requiring a person to do or cease doing a specific action. There are three types of injunctions: Permanent injunctions, Temporary restraining orders and preliminary injunctions.
To seek a permanent injunction, the plaintiff must pass the four-step test: (1) that the plaintiff has suffered an irreparable injury; (2) that remedies available at law, such as monetary damages, are inadequate to compensate for the injury; (3) that the remedy in equity is warranted upon consideration of the balance ...
