ORIENTAL FIRE & GENERAL INS. CO. LTD. v. CITIZENS NAT. BANK OF DECATUR

No. 1-90-1512.

581 N.E.2d 49 (1991)

220 Ill. App.3d 671

163 Ill.Dec. 98

The ORIENTAL FIRE AND GENERAL INSURANCE COMPANY, LTD., as Subrogee of Venus Jewel, Plaintiff, v. The CITIZENS NATIONAL BANK OF DECATUR, et al., Defendants (The Citizens National Bank of Decatur, Third Party Plaintiff-Appellant; Swiss Air Transport Company, Ltd., Third Party Defendant-Appellee).

Appellate Court of Illinois, First District, First Division.

September 23, 1991.


Attorney(s) appearing for the Case

Coffield, Ungaretti, Harris & Slavin (J. Timothy Eaton and Michael J. Philippi, of counsel), Chicago and Kehart, Shafter & Hughes, P.C. (A. James Shafter and Mark D. Gibson, of counsel), Decatur for thirdparty plaintiff-appellant.

Peterson & Ross, Chicago, for third-party defendant-appellee.


Presiding Justice MANNING delivered the opinion of the court:

Citizens National Bank of Decatur (Citizens) filed a third party claim for contribution against Swiss Air Transport Company (Swiss Air) pursuant to the Illinois Contribution Among Joint Tortfeasors Act. (Contribution Act) (Ill.Rev.Stat.1987, ch. 70, par. 302(a).) The circuit court of Cook County granted Swiss Air's motion to dismiss the third party claim finding that, as a matter of law, the contribution...

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