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ZURICH INS. CO. v. HEIL CO.

No. 86-1417.

815 F.2d 1122 (1987)

ZURICH INSURANCE COMPANY, Plaintiff-Counterdefendant-Appellee, v. The HEIL COMPANY, Defendant-Counterplaintiff-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided April 6, 1987.

Attorney(s) appearing for the Case

John R. Dawson, Foley & Lardner, Milwaukee, Wis., for defendant-counterplaintiff-appellant.

Robert Marc Chemers, Pretzel & Stouffer, Chtd., Chicago, Ill., for plaintiff-counterdefendant-appellee.

Before POSNER and RIPPLE, Circuit Judges, and CAMPBELL, Senior District Judge.

RIPPLE, Circuit Judge.

In this diversity case, Zurich Insurance Company (Zurich) filed a complaint seeking a declaratory judgment against The Heil Insurance Company (Heil) to determine which party, the insured or the excess liability insurer, bears the risk of a primary insurer becoming insolvent. The district court, granting Zurich's motion for judgment on the pleadings, found that the insured bears that risk. We affirm.

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