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CNA INS. CO. v. DIPAULO

No. 1-02-3490.

794 N.E.2d 965 (2003)

342 Ill. App.3d 440

276 Ill.Dec. 715

CNA INSURANCE COMPANY, as subrogee of Michael Gregg and Kathy Gregg, Plaintiff-Appellant, v. Silvio DiPAULO and Judy DiPaulo, Defendants-Appellees.

Appellate Court of Illinois, First District, Third Division.

July 23, 2003.

Attorney(s) appearing for the Case

Frederick J. Sudekum, III, and Patricia Cruz, Sudekum Cassidy & Shulruff, Chtd., Chicago, for Appellant.

Sherwin J. Malkin, Sherwin J. Malkin, Ltd., Chicago, for Appellees.

Justice WOLFSON delivered the opinion of the court:

Michael and Kathy Gregg entered into a real estate contract to buy a house from the defendants, Silvio and Judy DiPaulo. When the Greggs moved in they began redecorating the house. They made a heart-sinking discovery: termites. The house was infested with termites. CNA paid the Greggs for the costs of repair and replacement pursuant to their homeowner's policy. Then CNA...

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