Allstate Insurance Co. v. Menards, Inc.

This case is before us on a question of Illinois law certified by the United States Court of Appeals for the Seventh Circuit. 145 Ill. 2d R. 20. The certified question is:

“What is the applicable statute of limitations in Illinois for an action for damages to property based on the doctrine of strict liability in tort when that action is brought within the applicable statute of repose?”

For the reasons that follow, the answer to the certified question is five years.

I. BACKGROUND

We take the following facts from the Seventh Circuit’s opinion in Allstate Insurance Co. v. Menards, Inc., 285 F.3d 630…