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AETNA LIFE & CASUALTY v. LOBIANCO & SON

No. 74-347.

43 Ill. App.3d 765 (1976)

357 N.E.2d 621

AETNA LIFE & CASUALTY COMPANY, Plaintiff-Appellant, v. SAL E. LOBIANCO & SON CO., INC., et al., Defendants-Appellees.

Appellate Court of Illinois — Second District (1st Division).

Opinion filed November 15, 1976.

Attorney(s) appearing for the Case

D. Kenneth Griffith and Richard W. Sandrok, both of Hinshaw, Culbertson, Moelmann, Hoban & Fuller, of Chicago, for appellant.

Gates W. Clancy and James S. Mills, both of Geneva, for appellees.

Reversed and remanded.

Mr. JUSTICE SEIDENFELD delivered the opinion of the court:

The plaintiff, Aetna Life & Casualty Company, paid its insureds, William P. and Mary W. Snellbaker, for the fire loss of their home and its contents. As subrogee of the homeowners, Aetna sued the general contractor1 and the masonry contractor alleging that the fire resulted from their negligent construction of the home. The trial judge granted...

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