JEWELERS MUT. INS. v. FIRSTAR BANK ILLINOIS

Nos. 1-00-1670, 1-00-1766.

792 N.E.2d 1 (2003)

341 Ill. App.3d 14

274 Ill.Dec. 906

JEWELERS MUTUAL INSURANCE COMPANY, as Subrogee of Annaco Corporation, and as Subrogee of Irving M. Ringel, Inc., Plaintiff-Appellant, v. FIRSTAR BANK ILLINOIS, Defendant-Appellee. Bachu Vaidya, Plaintiff-Appellant, v. Firstar Bank Illinois, Defendant-Appellee.

Appellate Court of Illinois, First District, Second Division.

Rehearing Denied July 10, 2003.


Attorney(s) appearing for the Case

Leahy, Eisenberg & Fraenkel, Ltd., Chicago (Charles M. Fraenkel and Robert Ostojic, of counsel), for Appellant Jewelers Mutual Insurance Company.

Charles R. Franklin of Franklin & Shipley, Ltd., Chicago (Jay R. Giusti, of counsel), for Appellant Bachu Vaidya.

Hinshaw & Culbertson, Chicago (Lawrence R. Moelmann and Stephen R. Swofford, of counsel), for Appellee.


Justice CAHILL delivered the opinion of the court:

In the fall of 1996, more than $1 million worth of loose diamonds and fine jewelry were stolen from three safety deposit boxes that defendant Firstar Bank Illinois (Firstar) rented to jewel dealers at one of its Chicago branches. Plaintiff Jewelers Mutual Insurance Company (Jewelers Mutual), a subrogee of boxholders Annaco Corporation (Annaco) and Irving M. Ringel, Inc. ...

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