Plaintiff insurer filed subrogation action for breach of contract; Defendant then filed a 3rd-party breach of contract complaint against Plaintiff's insured. Court properly entered summary judgment for insurer, and properly dismissed 3rd-party claim. Plain language of agreement between Defendant and insured requires both to have or to obtain 5 specific types of insurance coverage, and insured was required to obtain a subrogation waiver for each coverage. Supply contract did not require insured to obtain a waiver of subrogation rights in its inland marine policy issued by Plaintiff. Thus, Plaintiff is entitled to recover amount it paid to its insured for damage sustained. Defendant failed to offer admissible evidence to create genuine issue of material fact as to damages, and thus court properly entered judgment in amount of adjusted repair cost that Plaintiff paid to its insured. (MIKVA and WALKER, concurring.)
Illinois Appellate Court
Civil Court
Breach of Contract