INS. CO. OF N. AM. v. HOME & AUTO INS.

No. 1-92-2672.

628 N.E.2d 643 (1993)

256 Ill. App.3d 801

195 Ill.Dec. 179

INSURANCE COMPANY OF NORTH AMERICA, Formerly known as INA Insurance Company of Illinois, Plaintiff-Appellant, v. HOME AND AUTO INSURANCE COMPANY, Defendant-Appellee.

Appellate Court of Illinois, First District, Fourth Division.

December 9, 1993.


Attorney(s) appearing for the Case

Modesto, Reynolds & McDermott, Chicago (Francis William Golden, of counsel), for plaintiff-appellant.

Williams & Montgomery, Ltd., Chicago (James K. Horstman, Barry L. Kroll, Mary A. Sliwinski and Lloyd E. Williams, Jr., of counsel), for defendant-appellee.


Presiding Justice CAHILL delivered the opinion of the court:

This appeal draws us deep into the catacombs of insurance policy English, a dimly lit underworld where many have lost their way. We are asked to decide the comparative liability of two insurers who offer primary coverage for the same injury under identically worded clauses in their policies— clauses that, to borrow the insurance industry trope, "mirror" one another. The issue is whether the insurers...

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