Guarantee Trust Life Insurance Co. v. Kribbs

Illinois Appellate Court
Civil Court
Discovery
Citation
Case Number: 
2016 IL App (1st) 160672
Decision Date: 
Thursday, December 29, 2016
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Holding: 
Affirmed.
Justice: 
MIKVA

Plaintiff insurance company entered into a reinsurance agreement with a company formed for sole purpose of reinsuring policies issued by Plaintiff. During discovery depositions, and 6 years after filing suit against founder of reinsurance company for unjust enrichment and other grounds, Plaintiff discovered identity of 2 of its own employees who it named in re-filed action, after having voluntarily dismissed complaint. Court properly dismissed claims against them as untimely. Plaintiff provided no reason why it could not have discovered its claims against 2 employees sooner through reasonable diligence. No fraudulent concealment during discovery that tolled statute of limitations. (HARRIS and SIMON, concurring.)