Home Insurance Co. v. Hertz Corp.

Plaintiff, an auto insurer, filed this subrogation action in the circuit court of Cook County, seeking to recover from defendants certain payments plaintiff made to its insured under the property damage and medical payments provisions of the insured’s auto policy. Defendants moved to dismiss, raising as a bar a general release running from the insured to defendants. The circuit court dismissed the complaint and the appellate court affirmed (49 Ill. App. 3d 569), citing an “unbroken line of Illinois appellate court cases which support the circuit court’s ruling that plaintiff’s claim is barred…