TRAVELERS INDEM. CO. OF ILLINOIS v. MOORE

No. 84-3376.

642 F.Supp. 1119 (1986)

The TRAVELERS INDEMNITY COMPANY OF ILLINOIS, Plaintiff, v. Roy MOORE, Individually and as Administrator of the Estate of Gregory Moore; Shirley Moore; Eric Moore; Allen Tomlinson; Nancy Tomlinson; Critic Mills, Inc.; Washington Hospital Center; Burlington Northern Railroad; the Royal Insurance Company of America; Aetna Casualty and Surety of Illinois; Illinois Department of Public Aid; Employers of Wausau Insurance; First State Insurance, Defendants.

United States District Court, C.D. Illinois, Springfield Division.

September 5, 1986.


Attorney(s) appearing for the Case

Frederick P. Velde, Heyl, Royster, Voelker & Allen, Springfield, Ill., for plaintiff.

William A. Allison, Dane, Allison, Saint & Ehlers, Bloomington, Ill., Steven D. Keefe, Washington, D.C., David S. Fleming, Karon, Morrison & Savikas, Chicago, Ill., Robert E. Gillespie, Michael Logan, Calandrino, Logan, Robison & Long, Brent Cain, Giffin, Winning, Lindner, Newkirk, Cohen & Bodewes, Mary Lee Leahy, Springfield, Ill., Barry N. Gutterman, Naperville, Ill., for defendants.


OPINION AND ORDER

MILLS, District Judge:

We apply here the concept of "depecage".

On April 1, 1982, an explosion occurred at a welding shop in Cass County, Illinois, resulting in serious injury to three persons named as Defendants in this lawsuit. Sometime after the explosion, the insurance carrier for the shop, the Travelers Indemnity Company of Illinois (Travelers), filed this statutory interpleader action pursuant to 28 U.S.C. § 1335...

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