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HOME INSURANCE CO. v. HERTZ CORP.

No. 49796.

71 Ill.2d 210 (1978)

375 N.E.2d 115

THE HOME INSURANCE COMPANY, Appellant, v. THE HERTZ CORPORATION et al., Appellees.

Supreme Court of Illinois.

Opinion filed April 3, 1978.

Attorney(s) appearing for the Case

Rance V. Buehler and Philip W. Domagalski, of Chicago, for appellant.

Paul D. Frenz and Elias N. Matsakis, of McBride, Baker, Wienke & Schlosser, of Chicago, for appellees.

Reversed and remanded.

MR. JUSTICE UNDERWOOD delivered the opinion of the court:

Plaintiff, an auto insurer, filed this subrogation action in the circuit court of Cook County, seeking to recover from defendants certain payments plaintiff made to its insured under the property damage and medical payments provisions of the insured's auto policy. Defendants moved to dismiss, raising as a bar a general release running from the insured to defendants. The circuit...

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