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CHARTER OAK FIRE INS. v. COLOR CONVERTING CO.

Nos. 94-2614, 94-2615.

45 F.3d 1170 (1995)

CHARTER OAK FIRE INSURANCE COMPANY, Plaintiff-Appellee, v. COLOR CONVERTING INDUSTRIES COMPANY, Defendant-Third Party/Plaintiff-Appellant, v. The TRAVELERS INSURANCE COMPANY, Third Party/Defendant-Appellee. COLOR CONVERTING INDUSTRIES COMPANY, Plaintiff-Appellant, v. CHARTER OAK FIRE INSURANCE COMPANY and The Travelers Insurance Company, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 3, 1995.

Rehearing and Suggestion for Rehearing Denied March 15, 1995.

Attorney(s) appearing for the Case

Frank Steeves (argued), Brian Peacy, Crivello, Carlson, Mentkowski & Steeves, Milwaukee, WI, for Charter Oak Fire Ins. Co., Travelers Ins. Co.

David E. Jarvis, Quarles & Brady, Milwaukee, WI, Kevin P. Crooks, Crooks, Low & Connell, Wausau, WI, Lawrence L. Marcucci (argued), Thomas M. Cunningham, Brenton D. Soderstrum, Ronald M. Kaplan, Shearer, Templer, Pingel & Kaplan, P.C., West Des Moines, IA, for Color Converting Industries Co.

Before POSNER, Chief Judge, and REAVLEY and COFFEY, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied March 15, 1995.

POSNER, Chief Judge.

Travelers Insurance Company refused to reimburse Color Converting Industries Company, which it had insured against products liability, for a $200,000 settlement that Color Converting had made with a valued customer, American National Can Company. The basis of the insurance company's refusal to cover this loss was the "voluntary payments" provision of the insurance policy...

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