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STATE FARM MUT. AUTO. v. DU PAGE COUNTY

No. 2-10-0580.

955 N.E.2d 67 (2011)

352 Ill. Dec. 891

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff, v. DU PAGE COUNTY and Du Page County State's Attorney's Office, Defendants-Appellees (State Farm Fire and Casualty Company, Plaintiff-Appellant; Frank Radostits, as Independent Executor of the Estate of Jane E. Radostits, Deceased, Defendant).

Appellate Court of Illinois, Second District.

June 16, 2011.

Attorney(s) appearing for the Case

Michael Resis , Glen E. Amundsen , Richard T. Valentino , Ellen L. Green , SmithAmundsen LLC, Chicago, for State Farm Fire & Casualty Company.

James G. Sotos , Elizabeth A. Ekl , Jeffrey N. Given , James G. Sotos & Associates, Ltd., Itasca, for Du Page County, Du Page County State's Attorney's Office, for Estate of Jane E. Radostits, Frank Radostits, State Farm Mutual Automobile Insurance Company.

OPINION

Justice McLAREN delivered the judgment of the court, with opinion:

¶ 1 In this case, plaintiff State Farm Fire & Casualty Company (State Farm) sought equitable subrogation and reimbursement from defendant Du Page County (County), a self-insured municipality, after State Farm settled a lawsuit. The lawsuit alleged that an employee of the County struck and injured another driver while the employee was intoxicated and driving a vehicle owned...

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