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STATE FARM FIRE AND CASUALTY CO. v. MILLER ELEC. CO.

No. 2-91-1249.

596 N.E.2d 169 (1992)

231 Ill. App.3d 355

172 Ill.Dec. 890

STATE FARM FIRE AND CASUALTY COMPANY, as Subrogee of John J. Kurkjian, Arlene L. Kurkjian, and Gary L. Kurkjian, and Keith Consago, Plaintiffs-Appellees, v. MILLER ELECTRIC COMPANY, a Division of Carol Cable Company, Inc., Defendant-Appellant.

Appellate Court of Illinois, Second District.

July 7, 1992.

Attorney(s) appearing for the Case

George E. Krippner, Kathleen K. Watson, Clancy & Krippner, St. Charles, for defendant-appellant.

Louis A. Varchetto, Wylie, Mulhern, Rehfeldt, & Varchetto, Wheaton, Michael D. Fabing, Warsawsky & Fabing, Chicago, for State Farm Fire & Cas. Co., and John J., Arlene L., and Gary L. Kurkjian.

Michael D. Fabing, Warsawsky & Fabing, Chicago, for Keith Consago.

Justice DUNN delivered the opinion of the court:

Defendant, Miller Electric Company, a division of Carol Cable Company, Inc., appeals from the circuit court's order of September 30, 1991, denying its request for attorney fees and litigation expenses as recoverable costs pursuant to sections 5-108 and 5-109 of the Code of Civil Procedure (Code) (Ill.Rev.Stat.1991, ch. 110, pars. 5-108, 5-109) and section 110(d)(2) of the Federal Magnuson-Moss Warranty—Federal...

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