CAPITOL INDEM. CORP. v. STRIKE ZONE

No. 4-94-0580.

646 N.E.2d 310 (1995)

CAPITOL INDEMNITY CORP., Plaintiff-Appellee, v. STRIKE ZONE, S.S.B. & B. Corp., Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

Decided February 3, 1995.


Attorney(s) appearing for the Case

Eric S. Pistorius (argued), Law Offices of George P. Wittman, Jerseyville, IL, for Strike Zone.

Kevin J. Davidson (argued), Bernard & Davidson, Granite City, IL, for Capitol Indem. Corp.


Justice McCULLOUGH delivered the opinion of the court:

Defendant appeals a grant of summary judgment entered in favor of plaintiff, Capitol Indemnity Corporation (Capitol), awarding it $461,759.29 of the funds received by defendant from a third-party tortfeasor in settlement of a property damage claim. Defendant alleges the court erred in enforcing a subrogation clause in a contract of insurance issued by Capitol. We affirm.

In August 1991, a building and...

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