ZURICH INSURANCE COMPANY, Plaintiff-Appellee,
v.
RAYMARK INDUSTRIES, INC., et al., Defendants-Appellees (Northbrook Excess and Surplus Insurance Company, Intervening Plaintiff-Appellee; Federal Insurance Company, Defendant-Appellant).
Appellate Court of Illinois — First District (1st Division).https://leagle.com/images/logo.png
Opinion filed May 27, 1986.
Rehearing denied July 1, 1986.
Attorney(s) appearing for the Case
Peterson, Ross, Schloerb & Seidel, of Chicago (Robert G. Schloerb, Michael M. Lane, and Richard R. Ryan, of Chicago, and White & Case, of New York, New York, of counsel), for appellant Federal Insurance Company.
Jacobs, Williams & Montgomery, Ltd., of Chicago (Barry L. Kroll, Anthony P. Katauskas, and Lloyd E. Williams, Jr., of counsel), for appellees Commercial Union Insurance Company and American Centennial Insurance Company.
Baker & McKenzie, of Chicago, for appellee Globe Indemnity Company.
Dowd & Dowd, of Chicago (Michael E. Dowd, Nancy J. Gleason, and Philip J. McGuire, of counsel), for appellee Northbrook Excess and Surplus Insurance company.
Phelan, Pope & John, Ltd., of Chicago (Peter C. John and Mary Patricia Benz, of counsel), for appellee Zurich Insurance Company.
Pretzel & Stouffer, Chartered, of Chicago, for appellee American Home Assurance Company.
Rooks, Pitts, Fullagar & Poust, of Chicago, for appellee First State Insurance Company.
Bell, Boyd & Lloyd, of Chicago (Frank K. Heap, D. Daniel Barr, Charles T. Martin, Jeffrey A. Blevins, Joan S. Kato, Sally M. Green, P. Andrew Fleming, and Harry D. Day, of counsel), for appellee Raymark Industries, Inc.
McDermott, Will & Emery, of Chicago (Theodore A. Groenke and Walter M. Jones, of Chicago, and Drinker, Biddle & Reath, of Washington D.C., of counsel), for amici curiae American Motorist Insurance Company and American Manufacturing Mutual Insurance Company.
Reuben & Proctor, of Chicago (Gary M. Elden, Philip C. Stahl, Donald A. Vogelsang, Irving C. Faber, and Richard A. Epstein, of counsel), for amicus curiae Fireman's Fund Insurance Company.
Haskel & Perrin, of Chicago (Donald M. Haskell, Michael J. Sehr, and Dion J. Sartorio, of counsel), for amicus curiae Home Insurance Company.
Keck, Mahin & Cate, of Chicago (James T. Otis, Robert A. Creamer, Robert C. Gislason, and Patty J. Dyer, of counsel), for amicus curiae United States Gypsum Company.
Dinsmore & Shohl, of Cincinnati, Ohio (Gerald V. Weigle, Jr., Joanne B. Grossman, Thomas W. Hardin, and Christopher M. Nalley, of counsel), for amicus curiae Liberty Mutual Insurance Company.
Appellate Court of Illinois — First District (1st Division).
Affirmed in part, and modified in part and reversed in part.
PRESIDING JUSTICE BUCKLEY delivered the opinion of the court:
The present consolidated appeals arise out of a declaratory judgment action brought to determine the rights and obligations of various insurers to provide defense and indemnity in thousands of lawsuits involving asbestos-related claims filed against the insured, Raymark Industries, Inc. The trial court entered an order determining that...
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