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FEDERAL INS. CO. v. KONSTANT ARCHITECTURE PLAN., INC.

No. 1-08-0938.

902 N.E.2d 1213 (2009)

FEDERAL INSURANCE COMPANY, as subrogee of Thomas and Anita Croghan, Plaintiff-Appellant, v. KONSTANT ARCHITECTURE PLANNING, INC., and Hanson Roofing, Inc., Defendants-Appellees. (Hanson Roofing, Inc., Third-Party Plaintiff; P.T. Construction, Inc., Third-Party Defendant.)

Appellate Court of Illinois, First District, Third Division.

February 11, 2009.

Attorney(s) appearing for the Case

Cozen O'Connor (Larry R. Eaton, of counsel), Chicago, for Appellant.

Stamos & Trucco, LLP (James J. Stamos, of counsel), Chicago, for Appellees.

Justice QUINN delivered the opinion of the court:

Plaintiff, Federal Insurance Company (Federal), brought suit against defendant Konstant Architects1, alleging breach of contract with respect to the design and building of a residence insured by plaintiff. Defendant filed a motion to dismiss the case under section 2-619(a)(5) of the Code of Civil Procedure (Code) (735 ILCS 5/2-619(a)(5) (West 2006)), arguing that the action was time-barred...

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