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CINCINNATI INS. CO. v. DUPLESSIS

No. 2-05-0932.

848 N.E.2d 220 (2006)

364 Ill. App.3d 984

302 Ill.Dec. 220

CINCINNATI INSURANCE COMPANY, as Subrogee of Porrentruy, L.P.; Porrentruy, L.P.; George Brossard, and Patricia Brossard, Plaintiffs-Appellants, v. Elda DuPLESSIS, Defendant-Appellee.

Appellate Court of Illinois, Second District.

May 2, 2006.

Attorney(s) appearing for the Case

Edward M. Maher, Guyer & Enichen, PC, Rockford, for George Brossard, Patricia Brossard, Cincinnati Insurance Company, Porrentruy L.P.

Mark B. Ruda, Daniel R. Woods, Condon & Cook, L.L.C., Chicago, for Elda DuPlessis.

Justice BOWMAN delivered the opinion of the court:

A house that plaintiffs Porrentruy, L.P., George Brossard, and Patricia Brossard owned and that defendant, Elda DuPlessis, rented caught fire. Plaintiff Cincinnati Insurance Company (Cincinnati) paid the owners for the loss. Plaintiffs then sued defendant, alleging that her negligence caused the fire. The trial court dismissed the complaint, holding that under Dix Mutual Insurance Co. v. LaFramboise,

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