ASSOCIATED INDEM. CORP. v. DOW CHEMICAL CO.

Nos. 90-1338, 90-1380.

935 F.2d 800 (1991)

ASSOCIATED INDEMNITY CORPORATION, Plaintiff-Appellant, Cross-Appellee, v. The DOW CHEMICAL COMPANY, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided June 11, 1991.


Attorney(s) appearing for the Case

Glenn F. Doyle, Smith & Brooker, Bay City, Mich., Irving C. Faber (argued), Gary M. Elden, Andrew Butz, Grippo & Elden, Chicago, Ill., for plaintiff-appellant cross-appellee.

Joseph L. Falik, Detroit, Mich., Michael P. Foradas, David M. Elston, Samuel A. Haubold (argued), Kirkland & Ellis, Chicago, Ill., Samuel P. Jordan, Jr., The Dow Chemical Co., Legal Dept., Midland, Mich., William J. Gillett, Dykhouse, Wise & Marsac, P.C., Detroit, Mich., John S. Ingold, The Dow Chemical Co., Midland, Mich., for defendant-appellee cross-appellant.

Before JONES and NELSON, Circuit Judges, and MILES, Senior District Judge.


MILES, Senior District Judge.

An unusual insurance contract provided that Associated Indemnity Corporation ("Fireman's Fund")1 would reinstate insurance coverage for the Dow Chemical Company ("Dow") when Fireman's Fund's indemnity payments reached the original limit of coverage under the contract. The contract further provided that the premium for such reinstatement would be determined at the time of reinstatement. The trial judge determined...

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