Federal Insurance v. Village of Westmont

Plaintiff, Federal Insurance Company, appeals the order of the circuit court of Du Page County granting the motion for summary judgment filed by defendant, the Village of Westmont. We reverse and remand.

Plaintiff was the insurer of the Suburban Trust & Savings Bank (Bank). The Bank was the owner of a building under construction in Westmont, Illinois. During the pendency of the construction, a water meter supplied by defendant leaked, causing substantial damage to the building. Plaintiff paid out $180,380.52 on the insurance policy and became subrogated to the rights of the Bank. Plaintiff…