Hancock v. The Village of Itasca

Illinois Appellate Court
Civil Court
Public Safety Employee Benefits Act
Citation
Case Number: 
2016 IL App (2d) 150677
Decision Date: 
Monday, May 2, 2016
District: 
2d Dist.
Division/County: 
DuPage Co.
Holding: 
Affirmed.
Justice: 
BIRKETT

Plaintiff, a former police officer employed by Village, sought declaratory judgment that, because he suffered a catastrophic injury, Village was obligated, under Section 10(a) of Public Safety Employee Benefits Act, to pay entire premium for coverage of Village's health insurance plan. Plaintiff's action for benefits was subject to 5-year statute of limitations. Discovery rule involves objective inquiry into when Plaintiff knew or should have known, in exercise of reasonable diligence, the essential facts of injury and cause. Limitations periods run for claims regardless of whether claims depend on unsettled points of law. (JORGENSEN and BURKE, concurring.)