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R.T. HEPWORTH CO. v. DEPENDABLE INS. CO., INC.

No. 92-2404.

997 F.2d 315 (1993)

R.T. HEPWORTH COMPANY, Plaintiff, v. DEPENDABLE INSURANCE COMPANY, INC., Third-Party Plaintiff/Appellant, v. AEGON USA, INC., Third-Party Defendant/Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 24, 1993.

Attorney(s) appearing for the Case

Fred Louis, III, Olson, Grabill, Hoffman & Louis, Chicago, IL, for Plaintiff.

John H. Mathias, Jenner & Block, Chicago, IL, Michael G. Tanner (argued), John T. Rogerson, III, Kirschner, Main, Petrie, Graham & Tanner, Jacksonville, FL, for plaintiff/appellant.

David J. Novotny (argued), J. Robert Geiman, William A. Chittenden, III, Douglas Varga, Barry C. Taylor, Peterson & Ross, Chicago, IL, for defendant/appellee.

Before CUMMINGS and KANNE, Circuit Judges, and MIHM, Chief District Judge.

CUMMINGS, Circuit Judge.

An insurance company, having made a bad deal for itself, now seeks to squirm free of the terms of its contract by claiming that they are ambiguous. Dependable Insurance Co. ("Dependable") wants the return of commissions it paid to R.T. Hepworth Co. ("Hepworth"), a managing general agent for insurance carriers, and is suing Aegon, USA ("Aegon"), the successor in interest to the firm that guaranteed Hepworth's debts.1

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