Plaintiffs brought suit against multiple Defendants, including a European logistics company for claimed damage to a shipment of medicinal products. The Plaintiffs, consisting of both Italian and Illinois companies sought recovery for the cost of those products plus consequential and punitive damages. Plaintiffs accused the logistics company of wrongful conduct in the procurement and modification of the insurance coverage for the cargo and claimed that the insurance carrier failed to pay the claim due to the wrongful conduct of the logistics company.
We argued that the claims against the logistics company were alleged to arise out of its role as an insurance producer and that the suit was untimely under both Italian and Illinois law, even though it had been filed within two years of the denial of the claim by the insurance carrier. The Trial Court found that Illinois law applied, and that the Statute of Limitations for actions against insurance producers controlled. The Trial Court agreed with our arguments that the cause of action under Illinois law accrued at the time the Plaintiffs knew or should have known that they had not received the requested coverage and dismissed all theories of recovery alleged against the logistics company as untimely under 735 ILCS §5/13-214.4.