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NORTHBROOK EXCESS & SURPLUS v. PROCTER & GAMBLE CO.

Nos. 89-2506, 89-3128.

924 F.2d 633 (1991)

NORTHBROOK EXCESS AND SURPLUS INSURANCE COMPANY, Plaintiff, v. PROCTER & GAMBLE COMPANY, Procter & Gamble Manufacturing Company and Procter & Gamble Distributing Company, Defendants-Counter-claimants-Appellants, v. COMMERCIAL UNION INSURANCE COMPANY and American Employers Insurance Company, Counterclaim Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided January 4, 1991.

As Corrected February 14 and February 15, 1991.

Attorney(s) appearing for the Case

Paul E. Freehling, Patricia T. Bergeson, Diane D. Jones, Pope, Ballard, Shepard & Fowle, Chicago, Ill., and Robert J. Miller, Cincinnati, Ohio, for Procter & Gamble Co. and Procter & Gamble Mfg. Co.

Shaun McParland Baldwin, Robert S. Soderstrom, Daniel R. Formeller, Tressler, Soderstrom, Maloney & Priess, Chicago, Ill., and Bruce M. Allman, and Christopher M. Bechhold, Thompson, Hine & Flory, Cincinnati, Ohio, for Commercial Union Ins. Co. and American Employers Ins. Co.

Before FLAUM and RIPPLE, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

RIPPLE, Circuit Judge.

This diversity case presents a question of Ohio law. An insurance company and its insured dispute the amount of coverage afforded under an insurance policy. The controversy turns on whether the policy's deductible amount was $1 million or $10 million. A jury determined the deductible was $10 million. The district court entered judgment based on that verdict and awarded the insurance company costs as the prevailing party. The insured filed a...

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