Avemco Insurance v. Elliott Aviation Flight Services, Inc.

ORDER

McDADE, Chief Judge.

I. Preliminary Matters

Before ruling on the merits of the ease, the Court will address Defendant’s Motion to Bar [Doc. # 38].

A. Prejudgment Interest

Since jurisdiction of this action is based on diversity of citizenship, “the availability of prejudgment interest must be determined by reference to state law.” In re Air Crash Disaster Near Chicago, Ill., 644 F.2d 633, 637 (7th Cir.1981). Under Illinois law, prejudgment interest is not allowed unless provided for by statute, or by agreement of the parties. Id. at 637-38. Here, there is no evidence of any agreement…