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TRAVELERS CAS. AND SUR. CO. v. A.G. CARLSON

No. 2-05-1041.

858 N.E.2d 491 (2006)

306 Ill.Dec. 491

TRAVELERS CASUALTY AND SURETY COMPANY, as Successor to Reliance Insurance Company and United Pacific Insurance Company, Plaintiff-Appellant, v. A.G. CARLSON, INC., Defendant (James A. Bowman and Barbara B. Bowman, Defendants-Appellees).

Appellate Court of Illinois, Second District.

October 30, 2006.

Attorney(s) appearing for the Case

John E. Sebastian, Stephen R. Swofford, Clifford E. Yuknis, Hinshaw & Culbertson LLP, Chicago, for Travelers Casualty & Surety Company.

Carl F. Safanda, Safanda Law Firm, Geneva, for Barbara B. Bowman, James A. Bowman.

Randall I. Marmor, Agelo L. Reppas, Clausen Miller P.C., Chicago, for Amicus Curiae.

Justice BOWMAN delivered the opinion of the court:

This case raises the issue of which of three limitations periods applies in an action for the breach of a written indemnity agreement following a surety's payout on a construction bond: the two-year limitations period of section 13-204 of the Code of Civil Procedure (Code) (735 ILCS 5/13-204 (West 2004)) for contribution and indemnity actions; the four-year limitations period of section 13-214(a) of the Code (735...

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