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FEDERAL INS. CO. v. VILLAGE OF WESTMONT

No. 2-94-1040.

649 N.E.2d 986 (1995)

271 Ill.App.3d 892

208 Ill.Dec. 626

FEDERAL INSURANCE COMPANY, as Subrogee of Suburban Trust and Savings Bank, Plaintiff-Appellant, v. The VILLAGE OF WESTMONT, Defendant-Appellee (Rockwell International et al., Defendants).

Appellate Court of Illinois, Second District.

April 27, 1995.

Attorney(s) appearing for the Case

Roger A. Bixby, Vasyl J. Markus, Jr., Bixby, Lechner & Potratz, P.C., Chicago, for Federal Ins. Co.

Patricia L. Argentati, Maura W. Moore, O'Reilly, Cunningham, Norton & Mancini, Wheaton, for Village of Westmont.

Justice INGLIS delivered the opinion of the court:

Plaintiff, Federal Insurance Company, appeals the order of the circuit court of Du Page County granting the motion for summary judgment filed by defendant, the Village of Westmont. We reverse and remand.

Plaintiff was the insurer of the Suburban Trust & Savings Bank (Bank). The Bank was the owner of a building under construction in Westmont, Illinois. During the pendency of the construction, a water meter...

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