INDIANA INSURANCE COMPANY, Plaintiff-Appellant, v. MACHON & MACHON, INC., Defendant-Appellee., 324 Ill. App. 3d 300

Summary

The insurance carrier's complaint alleged that the insurance agent had, without authority to do so, sent a letter to an insured, which increased the insurance carrier's liability to the insured. The insurance agent's motion to dismiss asserted that the suit was not brought within the applicable statute of limitations. The appellate court held that 735 Ill. Comp. Stat. 5/13-214.4, as written, was unequivocal and subject to only one reasonable interpretation: that all causes of action brought by any person or entity under any theory against an insurance producer had to be brought within two years of the date the cause of action accrued. The two-year statute of limitations applied to the insurance carrier's complaint. Further, the breach in this case occurred at the time the insurance agent issued the supplemental letter to the insured subjecting the insurance carrier to increased liability. The two-year statute of limitations barred the insurance carrier's claim. Finally, insurance ...