Dix Mutual Insurance v. LaFramboise

Plaintiff Dix Mutual Insurance Company filed a subrogation action against defendant Terrence LaFramboise to recover damages it paid for a fire loss suffered at the premises defendant leased from plaintiff’s subrogor, the Roy Mitchell estate (estate). Plaintiff appeals from the dismissal of its first-amended complaint pursuant to section 2— 619 of the Code of Civil Procedure (Code) (Ill. Rev. Stat. 1989, ch. 110, par. 2—619) and argues the trial court erred in finding this subrogation action is barred because defendant is a coinsured with the estate under plaintiff’s policy of insurance. We…