Aetna Life & Casualty Co. v. Sal E. Lobianco & Son Co.

delivered the, opinion of the court:

The plaintiff, Aetna Life & Casualty Company, paid its insureds, William P. and Mary W. Snellbaker, for the fire loss of their home and its contents. As subrogee of the homeowners, Aetna sued the general contractor 1 and the masonry contractor alleging that the fire resulted from their negligent construction of the home. The trial judge granted the masonry contractor’s motion to dismiss upon his plea of the bar of the five-year statute of limitations (Ill. Rev. Stat. 1973, ch. 83, par. 16). Plaintiff Aetna appeals from the dismissal order made final and…