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CIPS v. AMERICAN EMPIRE SURPLUS LINES

No. 1-92-3016.

642 N.E.2d 723 (1994)

267 Ill. App.3d 1043

204 Ill.Dec. 822

CENTRAL ILLINOIS PUBLIC SERVICE COMPANY, Plaintiff-Appellee, v. AMERICAN EMPIRE SURPLUS LINES INSURANCE COMPANY, Defendant-Appellant (Allianz Underwriters Insurance Company, et al., Defendants).

Appellate Court of Illinois, First District, Sixth Division.

Rehearing Denied November 20, 1994.

Attorney(s) appearing for the Case

Lord, Bissell & Brook, Chicago, (Daniel I. Schlessinger, Stephen C. Ascher, Hugh C. Griffin and Diane I. Jennings, of counsel), for appellant.

Anderson, Kill, Olick & Oshinsky, New York City, Sorling, Northrup, Hanna, Cullen & Cochran, Springfield, Kevin M. Forde, Ltd., Chicago (Lester O. Brown, Stephen R. Kaufmann, Kevin M. Ford, of counsel), for appellee.

Justice RAKOWSKI delivered the opinion of the court:

This appeal arises from an underlying action in which Central Illinois Public Service Company (CIPS) is seeking a determination that over 100 primary and excess policies issued by 29 different insurers provide coverage for the cost of cleaning up environmental contamination. The contamination occurred at 13 former gas manufacturing plants which CIPS presently or formerly owned and/or operated, including a former...

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