CINCINNATI INS. CO. v. RIVER CITY CONST.

No. 3-00-0846.

757 N.E.2d 676 (2001)

325 Ill. App.3d 267

258 Ill.Dec. 987

CINCINNATI INSURANCE COMPANY, as Subrogee to the Rights of Caterpillar, Inc., a Corporation, and The Cincinnati Insurance Company, a Corporation, Plaintiffs-Appellants, v. RIVER CITY CONSTRUCTION COMPANY and Illinois Corporation, and Auto-Owners Insurance, a Foreign Corporation Authorized to do Business in the State of Illinois, Defendants-Appellees.

Appellate Court of Illinois, Third District.

October 4, 2001.


Attorney(s) appearing for the Case

Evan H. Johnson, Robert C. Bollinger, Erickson, Davis, Murphy, Johnson, Griffith & Walsh, Decatur, for Cincinnati Insurance Company.

Peter R. Jennetten, Robert H. Jennetten, Quinn, Johnston, Henderson & Pretorius, Chtd., Peoria, for Auto-Owners Insurance Co., River City Construction Co.


Presiding Justice HOMER delivered the opinion of the court.

Cincinnati Insurance Company (Cincinnati) filed a two-count complaint seeking contribution from River City Construction Company (River City) and Auto-Owners Insurance Company (Auto-Owners) for a work-related injury settlement paid by Cincinnati to Victor Modugno. Cincinnati appeals from the judgment of the trial court granting the defendants' separate motions to dismiss, filed pursuant to section 2-619 of...

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