Insurance Co. of North America v. J. L. Hubbard Co.

Mr. PRESIDING JUSTICE TRAPP

dissenting in part:

I dissent from that portion of the opinion which reverses the award of costs of litigation and attorney’s fees by the trial court.

It is to be carefully noted that the attorney’s fees and expenses here concerned are only those arising from the litigation between the principal» as an insurer, and the insured. It is thus of a different category than that found in the rule of Ritter v. Ritter, 381 Ill. 549, 46 N.E.2d 41, and House of Vision, Inc. v. Hiyane, 42 Ill.2d 45, 245 N.E.2d 468, which concerned the effort of the successful party to litigation…