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ST. KATHERINE INS. CO. v. INA, INC.

No. 92-3812.

11 F.3d 707 (1993)

ST. KATHERINE INSURANCE COMPANY LIMITED, `Winterthur' Swiss Insurance Company Limited, Bermuda Fire & Marine Insurance Company Limited, et al., Plaintiffs-Appellants, v. INSURANCE COMPANY OF NORTH AMERICA, INCORPORATED, a Pennsylvania corporation, Monsanto Company, a Delaware corporation, and Leonard Construction Company, a Delaware corporation, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided December 8, 1993.

Rehearing Denied January 28, 1994.

Attorney(s) appearing for the Case

Richard R. Ryan (argued), Thomas W. Engelhardt, Patrick M. Graber, M. Bart Rinn, Douglas A. Allen, McCullough, Campell & Lane, Chicago, IL, for plaintiffs-appellants.

William E. Hoversen, Jr., Modesto, Reynolds & McDermott, John H. Mathias (argued), Terri L. Mascherin, Robert R. Stauffer, Edward J. Sebold, Jenner & Block, Chicago, IL, for defendants-appellees.

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

CUDAHY, Circuit Judge.

This case involves the classification of a loss under an insurance agreement. On February 12, 1983, Richard Care, a Monsanto employee, fell into a sulphur pit on Monsanto property in Massachusetts. The pit was built in the late 1960's by Leonard Construction Co. (Leonard), a wholly-owned subsidiary of Monsanto. Care and his family sued Leonard and Monsanto and the case was ultimately settled, with $1.2 million of the loss apportioned to Leonard...

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