An Illinois appeals court recently considered the interplay between the corporate survival statute, 805 ILCS 5/12.80 (the “Survival Act”), which governs lawsuits against dissolved corporations) and when someone can bring a direct action against another person’s liability insurer. The personal injury plaintiffs in Adams v. Employers Insurance Company of Wasau, 2016 IL App (3d) 150418 sued …
Tag Archives: statute of repose
Condo Association Sues Developer Based on False Statements In Sales Brochure and For Anemic Repair Reserves
In Henderson Square Condominium Association v. LAB Townhomes, LLC, 2014 IL App (1st) 130764, a condominium association sued the developer and contractor after unit owners discovered wide-ranging property defects in their units. (For Chicago readers: the project is near that nightmarish, multi-cornered Belmont-Lincoln-Ashland intersection on the North side). The property’s construction was completed in 1996, the unit …
Illinois’ Contribution Law and the ‘Savings’ Statute
Illinois has a 2 year statute of limitations (SOL) for contribution claims. Contribution applies where two or more defendants have common liability to an injured plaintiff. 740 ILCS 100/1 (Illinois’s contribution statute). The idea is that each defendant responsible for injuring a plaintiff should pay his share of liability to the plaintiff. Section 13-204(b) of the …
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