HARNISCHFEGER CORP. v. HARBOR INS. CO.

Nos. 90-2104 and 90-2162.

927 F.2d 974 (1991)

HARNISCHFEGER CORPORATION, Plaintiff-Appellant, Cross-Appellee, v. HARBOR INSURANCE COMPANY, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided March 18, 1991.

Rehearing and Rehearing Denied April 29, 1991.


Attorney(s) appearing for the Case

A. Benjamin Goldgar, Robert W. Hallock, Robert A. Creamer, Keck, Mahin & Cate, Chicago, Ill., Andrew O. Riteris, Chris J. Trebatoski, K. Thor Lundgren, Michael, Best & Friedrich, Milwaukee, Wis., for plaintiff-appellant, cross-appellee.

Ric J. Gass, Kasdorf, Lewis & Swietlik, Milwaukee, Wis., for defendant-appellee, cross-appellant.

Before FLAUM, EASTERBROOK, and MANION, Circuit Judges.


Rehearing and Rehearing En Banc Denied April 29, 1991.

EASTERBROOK, Circuit Judge.

Harbor Insurance Company sold Harnischfeger Corporation excess policies for 1981 and 1982, which "shall not attach unless and until [Harnischfeger or its insurer] shall have paid the amount of the underlying limits on account of such occurrence." Another provision defined the underlying limits as "$1,000,000.00 combined single limit each occurrence[,] $3,000,000.00 combined...

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