Illinois

 
 
 
 
 
 
 
 
 
 
 
 
 
 

Statutes of Limitations (ILLINOIS)

Personal Injury - 2 yrs. [735 ILCS 5/13-202]

Wrongful Death - 2 yrs. (from date of death) [735 ILCS 180/2]

Med Mal - 2 yrs. after discovery, but no later than 4 years after act/omission [735 ILCS 5/13-212]

Property Damage - 5 yrs. [735 ILCS 5/13-205]

Written Contracts - 10 yrs. [735 ILCS 5/13-206]

Oral Contracts - 5 yrs. [735 ILCS 5/13-205]

Contracts for Sale (goods) and Breach of Warranty - 4 yrs. (from tender of delivery) [810 ILCS 5/2-725]

All Actions involving Design/Planning/Supervision/Management of Construction - 4 yrs. [735 ILCS 5/13-214]

 

Under the “discovery rule,” a party’s cause of action accrues when the party knows or reasonably should know of an injury and that the injury was wrongfully caused [Clay v. Kuhl, 727 N.E.2d 217 (Ill. 2000)].

 

 

Statutes of Repose (ILLINOIS)

Products - 12 yrs. from date of sale to retailer or 10 yrs. from date of sale to consumer, whichever comes first [735 ILCS 5/13-213].  Note: the statute of repose, most likely, applies to strict liability actions only (and does not apply to negligence and breach-of-warranty actions) because the law that included negligence and breach-of-warranty causes of action actions in the statute of repose was declared unconstitutional (on unrelated grounds).

Construction of Real Property - 10 yrs. (but within 4 yrs. if act/omission discovered during the 10-yr. period) [735 ILCS 5/13-214]

Claims Against Public/Gov. Entities (NOTE: “sovereign immunity” rules may apply) (ILLINOIS)

Against Local Public Entity - Suit within 1 yr. [745 ILCS 10/8-101]

With very few and rare exceptions, State is not be made a defendant or party in any court [745 ILCS 5/1]

 

Comparative Negligence (ILLINOIS)

Modified Comparative (damages are diminished in proportion to Plaintiff’s fault, but Plaintiff cannot recover if he is 51% at fault) [735 ILCS 5/2-1116]

Made Whole Doctrine (MWD) (ILLINOIS)

MWD is passively applied and policy terms control. 

 

Medical subrogation clauses in insurance contracts are generally enforceable; if clause is enforceable, it is not common-law concepts of subrogation but contract terms that control; subrogation will be applied or not applied, according to dictates of equity, good conscience and public policy considerations; however, its use is encouraged in appropriate circumstances. [In re Estate of Scott, 567 N.E.2d 605 (Ill. App. 1991)]. Automobile Insurer’s right to subrogation for payment of medical expenses did not depend on whether Insured was made whole by Insured’s settlement with Tortfeasor [Eddy v. Sybert, 783 N.E.2d 106 (Ill. App. 2003)].

Insurer could recover subrogation out of funds recovered by Insured from Tortfeasor, even though Insured’s losses exceeded combined recovery from Tortfeasor and payments of policy, since policy entitled Insurer to subrogation to extent of its payment; policy terms controlled over equitable principles of subrogation which would have allowed balancing of Insurer’s right to receive subrogation against Insured’s right to be made whole through combined payments [Capitol Indem. Corp. v. Strike Zone, 646 N.E.2d 310 (Ill. 1995)]

At the same time, a new statute was enacted in 2012.  If Insured’s recovery is diminished by comparative fault or by reason of uncollectibility resulting from limited liability insurance, the subrogation/reimbursement claim must be diminished in the same proportion.  After said reduction, Insurer must bear a pro rata share of Insured’s atty fees and litigation expenses [770 ILCS 23/50]. 

Economic Loss Doctrine (ELD) (Assuming No Injury to Person or Damage to “Other Property”) (ILLINOIS)

Recognized/applied.  Solely economic losses are generally not recoverable in tort actions [In re Chicago Flood Litigation, 680 N.E.2d 265 (Ill. 1997)]. 

Two possible exceptions: (1) intentional misrepresentation; and (2) where Plaintiff’s damages were caused by negligent misrepresentation by Defendant in the business of supplying information for the guidance of others in their business transactions [In re Chicago Flood Litigation, 680 N.E.2d 265 (Ill. 1997)].

Certificate/Affidavit Of Merit Requirements (Claims Against Licensed Professionals) (ILLINOIS)

In Med Mal actions, Plaintiff must file an affidavit that he has consulted and reviewed the facts with a health professional [735 ILCS 5/2-622].  Note: the statute was re-enacted after it had been declared unconstitutional.

Landlord/Tenant Subrogation (ILLINOIS)

In general, the lease must be interpreted as a whole so as to give effect to intent of the parties [Dix Mut. Ins. Co. v. LaFramboise, 597 N.E.2d 622 (Ill. 1992)].  However, it now appears that Illinois is gravitating towards “Sutton Rule.”  The Court Appeals has held that Tenant’s payment of rent gave him the status of a coinsured who could not be sued [Auto Owners Ins. Co. v. Callaghan, 952N.E.2d 119 (Ill. App. 2011)]. 

Reimbursement of Deductible(s) (ILLINOIS)

Auto - Pro rata.  Property - No law available.

MedPay and /PIP (ILLINOIS)

MedPay- Subrogation allowed.  PIP - No subrogation allowed and/or no such coverage available.

Liability of Parents (ILLINOIS)

$20,000 (+ court costs and atty fees) for willful or malicious acts ($30,000 if there was a pattern of willful or malicious acts) [740 ILCS 115/5].  Parents are civilly liable for retail theft [720 ILCS 5/16-27]

 

 

Joint Liability(ILLINOIS)

Several liability (Plaintiff can recover from each Defendant only that Defendant’s share of liability).  However, joint and several liability applies in cases involving: (1) Plaintiff's past and future medical expenses; (2) where Defendant is 25% or more at fault; (3) environmental damage cases; and (4) Med Mal cases. [735 ILCS 5/2-1117; 5/2-1118]

Independent Cause of Action for Intentional or Negligent Evidence Spoliation (ILLINOIS)

The IL Supreme Court has declined to recognize spoliation of evidence as an independent tort.  At the same time, the court held that a spoliation claim can be stated under existing negligence principles. [Dardeen v. Kuehling, 821 N.E.2d 227 (Ill. 2004)]

Conflicts of Law (ILLINOIS)

Torts - Illinois will apply the law of the state where the tort occurred unless Illinois has more significant relationship with the occurrence/parties [Kwasniewski v. Schaid, 607 N.E.2d 214 (Ill. 1992)].  Contracts - Absent an express choice of law, contracts are generally governed by: location of the subject matter, place of delivery of the contract, domicile of the parties, place of the last act to give rise to a valid contract, place of performance, or other place bearing a rational relationship to the general contract [Lapham-Hickey Steel Corp. v. Protection Mut. Ins. Co., 655 N.E.2d 842 (Ill. 1995)]