Steel City Nat'l Bank v. Aetna Ins. Co.

2 Citing cases

  1. Weisberg v. Royal Insurance Co.

    464 N.E.2d 1170 (Ill. App. Ct. 1984)   Cited 13 times
    Involving insurance contract

    ment affecting only procedures or remedies, such as an amendment altering the time within which a claim must be filed, may be applied retroactively (see, e.g., Orlicki v. McCarthy (1954), 4 Ill.2d 342, 122 N.E.2d 513), unless the claim in question was already barred on the effective date of the amendment (see, e.g., Conner v. Copley Press, Inc. (1984), 99 Ill.2d 382, 459 N.E.2d 955), and they reason that, until this period has passed, no one has a "vested right" in the continuance of the existing law (see People ex rel. Eitel v. Lindheimer (1939), 371 Ill. 367, 373, 21 N.E.2d 318, 321). Plaintiffs argue that these cases, which concern statutory amendments, are equally applicable to statutory changes which affect limitations established by contract and, since defendant had no "vested right" in a contractual limitation period which had not expired as of January 1, 1982, section 143.1 may be applied retroactively to extend the time within which they must bring their action. Recently, in Steel City National Bank v. Aetna Insurance Co. (1983), 116 Ill. App.3d 7, 452 N.E.2d 65, we had occasion to consider the applicability of section 143.1 to claims arising prior to the statute's effective date. There, the contractual limitation period had expired prior to January 1, 1982, and we ruled that section 143.1 could not be applied retroactively to revive a claim which had been previously barred ( 116 Ill. App.3d 7, 10, 452 N.E.2d 65, 67), citing Arnold Engineering, Inc. v. Industrial Com. (1978), 72 Ill.2d 161, 380 N.E.2d 782. Plaintiffs acknowledge that, in Steel City, we were concerned with a different factual situation; nevertheless, they assert that our decision therein is dispositive of the instant case, noting that our ruling was based on prior decisions concerning statutory, rather than contractual, limitation periods.

  2. Lake in the Hills v. Ill. Emcasco Ins. Co.

    153 Ill. App. 3d 815 (Ill. App. Ct. 1987)   Cited 31 times
    Stating that "[p]arties to a[n] [insurance] contract may validly agree to set a reasonable time limit within which a suit on the contract must be filed"

    • 2-5 Parties to a contract may validly agree to set a reasonable time limit within which a suit on the contract must be filed. ( Wilson v. Indiana Insurance Co. (1986), 150 Ill. App.3d 669, 672; Steel City National Bank v. Aetna Insurance Co. (1983), 116 Ill. App.3d 7, 9.) Any suit filed after the contractual period has expired is barred unless the insurer has, by some conduct or representation, waived the requirement.