Limitations period tolled for procurement action against agent

Insurance Matters

By Don R. Sampen

Don R. Sampen is a member of the appellate practice group of Clausen, Miller P.C., where he focuses on appellate, commercial and insurance-related litigation. He also teaches insurance law at Loyola University Chicago School of Law. His column appears twice monthly.

Posted June 13, 2017 1:41 PM

The 1st District Appellate Court recently held that the two-year statute of limitations applicable to an insured’s cause of action against an insurance agent is tolled by the discovery rule until denial of coverage by the insurer.The insurer in American Family Mutual Insurance Co. v. Krop, 2017 IL App (1st) 161071 (May 10, 2017), was represented by Leahy Eisenberg & Fraenkel Ltd. American Family’s sales agent, Andy Vargas, was represented by Hinshaw & Culbertson LLP. Taylor Miller LLC represented the …

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