FEDERAL INS. v. ST. PAUL FIRE & MARINE

No. 1-93-4341.

649 N.E.2d 460 (1995)

271 Ill.App.3d 1117

208 Ill.Dec. 404

FEDERAL INSURANCE COMPANY, Plaintiff-Appellant, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Defendant-Appellee.

Appellate Court of Illinois, First District, Third Division.

Rehearing Denied May 18, 1995.


Attorney(s) appearing for the Case

Hinshaw & Culbertson, Chicago, IL (D. Kendall Griffith, Fritz K. Huszagh, Christine L. Olson, of counsel), for appellee.

Barry G. Bollinger, Kelly A. Giampa of Bollinger, Ruberry & Garvey, Chicago, IL, for appellant.


Presiding Justice GREIMAN delivered the opinion of the court:

In a dispute between two insurance companies regarding their respective liability, plaintiff Federal Insurance Company (Federal) appeals the trial court's apportionment between Federal and defendant St. Paul Fire and Marine Insurance Company (St. Paul).

The issue on appeal is whether an excess and a primary insurer must share liability on a pro rata basis where the excess insurance policy identifies...

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