Mealey's Insurance - Insurer's Negligence Case Was Not Equitably Tolled, Illinois Appeals Panel Says

CHICAGO - The statute of limitations was not equitably tolled for an insurer, as a subrogee to its insured, to file a negligence lawsuit against contractors over water damage to the insured's home, an Illinois appeals panel ruled June 27, finding that the insurer's failure to obtain an executed assignment was not an extraordinary circumstance (American Family Mutual Insurance Co., as subrogee of Michael P. McGrath Jr. v. Patrick Plunkett and Patrick Plunkett Architectural Design Ltd., No. 1-13-1631, Ill. App., 1st Dist., 5th Div.; 2014 Ill. App. LEXIS 447).

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