STATE FARM GENERAL INS. CO. v. STEWART

No. 1-94-3161.

681 N.E.2d 625 (1997)

288 Ill. App.3d 678

224 Ill.Dec. 310

STATE FARM GENERAL INSURANCE CO., As Subrogee of Vito DeFrancesco, Plaintiff-Appellee, v. Nancy STEWART, Defendant-Appellant, and Hartford Insurance Company of Illinois, Defendant.

Appellate Court of Illinois, First District, Third Division.

May 21, 1997.


Attorney(s) appearing for the Case

Michael W. Rathsack, Chicago, for Defendant-Appellant.

Gary P. Hollander, Bixby, Lechner & Potratz, P.C., Chicago, for Plaintiff-Appellee.


Justice GORDON delivered the opinion of the court:

Vito DeFrancesco contracted to sell an apartment building located in Cicero, Illinois to defendant Nancy Stewart. After DeFrancesco delivered the deed to and possession of the premises to Stewart, but before Stewart paid him the full contract price, the building was destroyed by fire. Both Stewart and DeFrancesco submitted claims to their respective fire insurance carriers, and both collected insurance proceeds for...

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