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MASINELLI v. McDONALD

No. 4-93-0120.

622 N.E.2d 854 (1993)

251 Ill. App.3d 398

190 Ill.Dec. 824

Russell MASINELLI, Anita Masinelli and Merchant's Property Insurance Company, Plaintiffs-Appellants, v. Carolyn McDONALD, Executor of the Estate of Charles McDonald, deceased, and Dennis Tabor, Defendants-Appellees.

Appellate Court of Illinois, Fourth District.

Decided October 22, 1993.

Rehearing Denied December 1, 1993.

Attorney(s) appearing for the Case

Rick Verticchio (argued), Phelps, Kasten, Verticchio & Ruyle, Gillespie, for plaintiffs-appellants.

Stephen W. Thomson (argued), Richard J. Behr, Reed, Armstrong, Gorman, Coffey, Thomson, Gilbert & Mudge, P.C., Edwardsville, for defendants-appellees.

Justice GREEN delivered the opinion of the court:

On May 31, 1990, plaintiffs Russell and Anita Masinelli brought suit in the circuit court of Macoupin County against defendant Charles McDonald seeking recovery for fire damage to a building belonging to the Masinellis. Subsequently, Charles McDonald died, and Carolyn McDonald, executor of the estate of Charles McDonald, was substituted as the defendant. Merchant's Property Insurance Company (Merchant's), possessor...

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