INTERNATIONAL MINERALS & CHEMICAL CORPORATION, Plaintiff-Appellant,
v.
LIBERTY MUTUAL INSURANCE COMPANY, Defendant (Continental Insurance Company et al., Defendants-Appellees).
Appellate Court of Illinois — First District (5th Division).https://leagle.com/images/logo.png
Opinion filed March 25, 1988.
Rehearing denied April 29, 1988.
Attorney(s) appearing for the Case
Robert A. Downing and Eugene A. Schoon, both of Sidley & Austin, of Chicago, for appellant.
Dowd & Dowd, Ltd., of Chicago (Michael E. Dowd, Nancy J. Gleason, and Philip J. McGuire, of counsel), for appellee National Union Fire Insurance Company of Pittsburgh, Pennsylvania.
James J. O'Hagan, Victor J. Piekarski, and Brian J. Clarke, all of Querrey & Harrow, Ltd., of Chicago, for appellee Continental Insurance Company.
Terence E. Kiwala, of Rooks, Pitts & Poust, of Chicago, and Timothy C. Russell, Wilson M. Brown III, and Thomas S. Schaufelberger, all of Drinker, Biddle & Reath, of Washington, D.C., for appellees Lumbermens Mutual Casualty Company and American Motorists Insurance Company.
Clausen, Miller, Gorman, Caffrey & Witous, P.C., of Chicago, and Davis, Polk & Wardwell, of New York, New York (James T. Ferrini, Paul R. Koepff, Richard R. Winter, and Margaret J. Orbon, of counsel), for appellees Central National Insurance Company of Omaha and California Union Insurance Company.
Haskell & Perrin, of Chicago (Thomas W. Murphy and Nancy K. Caron, of counsel), for appellee The Home Insurance Company.
Williams & Montgomery, Ltd., of Chicago (James K. Horstman, Barry L. Kroll, Anthony P. Katauskas, and Lloyd E. Williams, Jr., of counsel), for appellees Employers Commercial Union Insurance Company of North America and Employers Liability Assurance Corporation.
Baker & McKenzie, of Chicago (Francis D. Morrissey and Edward J. Zulkey, of counsel), for appellees Employers Insurance Company of Wausau and Employers Mutual Liability Insurance Company of Wisconsin.
Phelan, Pope & John, Ltd., of Chicago (Robert J. Bates, Jr., and Maryann C. Hayes, of counsel), for appellees American Re-Insurance Company, Aetna Casualty & Surety Company and Affiliated FM Insurance Company.
Hinshaw, Culbertson, Moelmann, Hoban & Fuller, of Chicago (D. Kendall Griffith, Robert E. Nord, and Lynn D. Dowd, of counsel), for appellees CNA Insurance Companies and Columbia Casualty Insurance Company.
Richard E. Mueller and Diane I. Jennings, both of Lord, Bissell & Brook, of Chicago, for appellees Certain Underwriters at Lloyd's, London, United States Fire Insurance Company, North River Insurance Company and International Surplus Lines Insurance Company.
Michael J. Merlo and Robert Marc Chemers, both of Pretzel & Stouffer, Chartered, of Chicago, for appellee Prudential Reinsurance Company.
Dowd & Dowd, Ltd., of Chicago (Michael E. Dowd, Nancy J. Gleason, and Philip J. McGuire, of counsel), for appellees Northbrook Excess and Surplus Insurance Company, Lexington Insurance Company, American Home Assurance Company, Granite State Insurance Company and Employers Mutual Insurance Company.
Pattishall, McAuliffe & Hofstetter, of Chicago, for appellees New England Reinsurance Company and First State Insurance Company.
James T. Price and Sandra L. Schermerhorn, both of Spencer, Fane, Britt & Browne, of Kansas City, Missouri, for amicus curiae Illinois Manufacturers' Association.
Rudnick & Wolfe, of Chicago and Piper & Marbury, of Washington, D.C. (Don E. Glickman, Thomas W. Brunner, Laura A. Foggan, J. Douglas Wilson, and John W. Cavilia, of counsel), for amicus curiae Insurance Environmental Litigation Association.
Appellate Court of Illinois — First District (5th Division).
Order affirmed.
JUSTICE SULLIVAN delivered the opinion of the court:
This is an appeal from summary judgment for defendants in a declaratory judgment action.
The facts and events giving rise to this litigation have been presented to us by way of 15 briefs1 and a nine-volume, 6000-page record, which we have attempted to condense in the following prefatory summary.
In January 1983, the United States, on behalf of...
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