PEOPLE EX REL. BAYLOR v. HIGHWAY INS. CO.

No. 45796.

57 Ill.2d 590 (1974)

316 N.E.2d 633

THE PEOPLE ex rel. JAMES BAYLOR, Director of Insurance, Appellant, v. HIGHWAY INSURANCE COMPANY. — (Herman Jackson et al., Appellees.)

Supreme Court of Illinois.

Rehearing denied September 26, 1974.


Attorney(s) appearing for the Case

Joseph B. Lederleitner, of Pretzel, Stouffer, Nolan & Rooney, of Chicago, for appellant.

Asher, Greenfield, Gubbins and Segall, of Chicago (Eugene I. Pavalon and Sidney Robin, of counsel), for appellees.

Richard V. Houpt, of Pedersen & Houpt, of Chicago (Anthony M. Lanzone, of counsel), for amicus curiae Peerless Insurance Co.

John G. Smith, R.R. McMahan, and John J. Berwanger, of Lord, Bissell & Brook, all of Chicago (Donald J. Greene, Geoffry D.C. Best, of LeBoeuf, Lamb, Leiby & McRae, of New York, Ronald A. Jacks and Charles W. Havens III, of Washington D.C., of counsel), for amici curiae Peter L. Foden-Pattinson et al.


Appellate court reversed; circuit court affirmed.

MR. JUSTICE WARD delivered the opinion of the court:

The Highway Insurance Company (hereafter Highway) and the Peerless Insurance Company (Peerless) on December 30, 1957, entered into a reinsurance treaty or agreement, by the terms of which Peerless became the reinsurer under a number of types of policies issued by Highway, including its workmen's compensation policies. The treaty provided that Highway would...

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