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MOBILE CONST. CO. v. PHOENIX INS. CO.

Gen. No. 52,624.

119 Ill. App.2d 329 (1970)

256 N.E.2d 149

Mobile Construction Co., an Illinois Corporation, Albert F. Stroka, and Commercial National Bank of Chicago, for the Use of Said Mobile Construction Co. and Albert F. Stroka, Plaintiffs-Appellees, v. The Phoenix Insurance Company, a Capital Stock Company, United States Fidelity and Guaranty Company, a Capital Stock Company, and The Home Insurance Company, a Capital Stock Company, Defendants-Appellants.

Appellate Court of Illinois — First District, Fourth Division.

Rehearing denied February 24, 1970.

Attorney(s) appearing for the Case

Epton, McCarthy, Bohling & Druth, of Chicago (Bernard E. Epton, Edward A. McCarthy, and Alan R. Miller, of counsel), for appellants.

No brief for appellee.

MR. JUSTICE DRUCKER delivered the opinion of the court.

Defendants appeal from a summary judgment in favor of plaintiffs in the sum of $4,512.60 and from an order denying defendants' motion for summary judgment. The defendants contend that the plaintiffs did not have a valid claim to the proceeds of three fire insurance policies as subrogee of the Commercial National Bank of Chicago (hereafter called "Bank") since the Bank's insurable interest had terminated two months...

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