Illinois Appellate Court
Civil Court
Subrogation
Plaintiff insurer filed subrogation action against Defendant, seeking recovery for property damage to vehicle owned by its insureds. Insureds had previously filed personal injury action against Defendant, alleging negligence for collision, which settled for policy limits. At direction of insureds' attorney, a portion of settlement proceeds ($3,333) was tendered to Plaintiff insurer. Defendant argues, in this appeal, that insurer's acceptance of tendered amount was an accord and satisfaction discharging subrogation claim. Check served as partial satisfaction of insureds' claim against Defendant, and was tendered to carry out Defendant's settlement with insureds, not with their insurer. (HUTCHINSON and SPENCE, concurring.)