Zurich American Ins. Co. v. Infrastructure Engineering, Inc.
2024 IL App () 130242 (Ill. App., 2024)
Words & Phrases
Subrogation: In General
Trial Judge
Patrick J. Sherlock
Appellate Judge
Overstreet
Holding
Plaintiff, an insurance company in the status of a subrogee, filed a lawsuit against the defendant, a subcontractor on a construction project, for breach of con¬tract alleging that the defendant’s designs caused building damage that resulted in the original insurance claim. The circuit court granted summary judgment to the defendant but the appellate court reversed, finding that plaintiff could act as a subrogee even though its claimed status as subrogee was based on a payment made to a third party. The supreme court affirmed the appellate court and reversed the circuit court, finding that nothing about the facts precluded the plaintiff’s subrogation action where there was an insured loss compen¬sated by the plaintiff insurance company.
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