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McRAITH v. BDO SEIDMAN, LLP

Nos. 1-06-1430, 1-07-0959.

909 N.E.2d 310 (2009)

Michael T. McRAITH, Director of the State of Illinois Division of Insurance, solely in his capacity as statutory and court-affirmed Liquidator of Coronet Insurance Company, Crown Casualty Company and National Assurance Indemnity Company, Plaintiff-Appellee, v. BDO SEIDMAN, LLP, f/k/a BDO Seidman, Defendant-Appellant. Michael T. McRaith, Director of the State of Illinois Division of Insurance, solely in his capacity as statutory and court-affirmed Liquidator of Coronet Insurance Company, Crown Casualty Company and National Assurance Indemnity Company, Plaintiff-Appellant, v. BDO Seidman, LLP, f/k/a BDO Seidman, Defendant-Appellee (BDO Seidman, LLP, Third-party Plaintiff, v. Clyde W. Engle; Glenn J. Kennedy; Richard A. Leonard; Paul H. Albritton, Jr.; Lee N. Mortenson; Everett A. Sisson; Robert Spiller; Peter Henry Bergman; David John Blears; Howard Friedman; John Charles Russell; Michael Joseph Tucker; RDIS Corporation; Telco Capital Corporation; Wisconsin Real Estate Investment Trust; Hickory Furniture Company; Sunstates Corporation; Indiana Financial Investors Inc.; Normandy Insurance Agency, Inc.; Sew Simple Systems, Inc.; Sunstates Equities, Inc.; Sunstates Financial Services, Inc.; Alba-Waldensian Holdings Company; RMHC (Delaware), Inc.; Wellco Holdings Company; Sunstates Realty Group, Inc.; and Michael T. McRaith, in his capacity as Director of the State of Illinois Division of Insurance, Third-party Defendants).

Appellate Court of Illinois, First District, Third Division.

May 27, 2009.

Attorney(s) appearing for the Case

Tabet, DiVito & Rothstein, LLC (Gary L. Prior, of counsel), McDermott, Will & Emery, LLP (William P. Schuman, of counsel), and Schuyler, Roche & Crisham, P.C., all of Chicago (Jean M. Prendergast, of counsel), for Appellant.

Robinson, Curley & Clayton, P.C., Chicago (Alan F. Curley and Robert L. Margolis, of counsel), for Appellee.

MODIFIED UPON REHEARING

Justice QUINN delivered the opinion of the court:

This consolidated appeal arises from: (1) the interlocutory appeal of a certified question pursuant to Supreme Court Rule 308 (155 Ill.2d R. 308) regarding whether a private tolling agreement may indefinitely extend the statutory limitation period for refiling a claim under section 13-217 of the Code of Civil Procedure (Code) (735 ILCS 5/13-217 (West 2006)) and the five-year...

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