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CASUALTY INDEM. EXCHANGE v. VILLAGE OF CRETE

No. 83-1793.

731 F.2d 457 (1984)

CASUALTY INDEMNITY EXCHANGE, an insurance corporation, Plaintiff-Appellee, v. VILLAGE OF CRETE, a municipal corporation, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided April 9, 1984.

Attorney(s) appearing for the Case

Stephen R. Swofford, Hinshaw, Culbertson, Moelmann, Hoban & Fuller, Chicago, Ill., for defendant-appellant.

J. Robert Geiman, Peterson, Ross, Schloerb & Seidel, Chicago, Ill., for plaintiff-appellee.

Before CUDAHY and FLAUM, Circuit Judges, and BARTELS, Senior District Judge.

CUDAHY, Circuit Judge.

A liability insurer brought this diversity action against its insured regarding the insured's breach of the notice provision in the insurance policy. Defendant Village of Crete had contracted with one Luther Railing for the demolition and removal of a water tower. Under the contract, Railing was required to obtain liability insurance for the project and to name the village as a co-insured; Railing obtained the insurance from plaintiff Casualty...

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