Country Mutual Insurance v. State

Claimant, Country Mutual Insurance Company, is the subrogee of its insured, Raymond Sewell, Hanna City, Illinois, by virtue of its net payments in the amount of $1,956.00 under a collision insurance policy covering a 1971 Ford pickup truck, which was damaged beyond repair on May 5, 1972, while being driven by one Jonathan Hill, an escaped inmate from the Hanna City Boys’ School, who had stolen the vehicle from the garage of the Sewell home.

The claim is made under Ill. Rev. Stat., ch. 23, par. 4041, and the amount of the claim is undisputed. Claimant in its amended complaint charges the State…