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(735 ILCS 5/13-204) (from Ch. 110, par. 13-204)
Sec. 13-204.
Contribution and indemnity.
(a) In instances where no underlying action seeking recovery for injury to
or death of a person or injury or damage to property has been filed by a
claimant, no action for contribution or indemnity may be commenced with respect
to any payment made to that claimant more than 2 years after the party seeking
contribution or indemnity has made the payment in discharge of his or her
liability to the claimant.
(b) In instances where an underlying action has been filed by a claimant, no
action for contribution or indemnity may be commenced more than 2 years after
the party seeking contribution or indemnity has been served with process in the
underlying action or more than 2 years from the time the party, or his or her
privy, knew or should reasonably have known of an act or omission giving rise
to the action for contribution or indemnity, whichever period expires later.
(c) The applicable limitations period contained in subsection (a) or (b)
shall apply to all actions for contribution or indemnity and shall preempt, as
to contribution and indemnity actions only, all other statutes of limitation or
repose, but only to the extent that the claimant in an underlying action could
have timely sued the party from whom contribution or
indemnity is sought at the time such claimant filed the underlying action, or
in instances where no underlying action has been filed, the payment in
discharge of the obligation of the party seeking contribution or indemnity is
made before any such underlying action would have been barred by lapse of
time.
(d) The provisions of this Section, as amended by Public Act 88-538, shall be applied
retroactively when substantively applicable, including all pending actions
without regard to when the cause of action accrued; provided,
however, that this amendatory Act of 1994 shall not operate to affect statutory
limitations or repose rights of any party which have fully vested prior to its
effective date.
(e) The provisions of this Section shall not apply to any action for
damages in which contribution or indemnification is sought from a party who is
alleged to have been negligent and whose negligence has been alleged to have
resulted in injuries or death by reason of medical or other healing art
malpractice.
(Source: P.A. 88-538; 89-626, eff. 8-9-96.)
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