OCCIDENTAL FIRE & CAS. v. UNDERWRITERS AT LLOYD'S

No. 58367.

19 Ill. App.3d 265 (1974)

311 N.E.2d 330

OCCIDENTAL FIRE AND CASUALTY COMPANY OF NORTH CAROLINA, Plaintiff-Appellee, v. UNDERWRITERS AT LLOYD'S, LONDON, Defendants-Appellants.

Appellate Court of Illinois — First District (1st Division).

April 8, 1974.


Attorney(s) appearing for the Case

Lord, Bissell & Brook, of Chicago (William H. Hiller, of counsel), for appellants.

Hinshaw, Culbertson, Moelmann, Hoban & Fuller, of Chicago (D. Kendall Griffith and William R. Kucera, of counsel), for appellee.


Reversed and remanded.

Mr. JUSTICE HALLETT delivered the opinion of the court:

The defendant Underwriters, the excess carrier, appeals from a summary judgment that it pay to the plaintiff Virginia Surety, the primary insurer, $35,939.17, as its pro rata share of the costs (legal fees and expenses, etc.) of an earlier unsuccessful appeal by the latter of a personal injury judgment against B.L. Cartage Co., insured by both of them, well in excess of their limits...

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