RHONE-POULENC INCORPORATED, Plaintiff-Appellant,
v.
INTERNATIONAL INSURANCE COMPANY and International Surplus Lines Insurance Company, Defendants-Appellees.
United States Court of Appeals, Seventh Circuit.https://leagle.com/images/logo.png
Argued September 22, 1995.
Decided December 11, 1995.
Rehearing Denied January 17, 1996.
Attorney(s) appearing for the Case
Eugene A. Schoon, Gerald L. Angst, Mary H. Lindsay, Sidley & Austin, Chicago, IL, Marc S. Mayerson (argued), Thomas W. Mitchell, Herbert Dym, Sonya D. Winner, Covington & Burling, Washington, DC, Luke W. Mette, Zeneca, Inc., Environmental Law Dept., Wilmington, DE, for plaintiff-appellant.
Aaron J. Kramer, Joseph R. Lundy, Jill B. Berkeley, Schiff, Hardin & Waite, Chicago, IL, Sandra Young, Howard J. Fishman, Purcell & Wardrope, Chicago, IL, Karl D. Belgum (argued), Gary L. Fontana, Christine C. Franklin, Thelen, Marrin, Johnson & Bridges, Los Angeles, CA, for defendants-appellees.
Before POSNER, Chief Judge, and COFFEY and FLAUM, Circuit Judges.
United States Court of Appeals, Seventh Circuit.
POSNER, Chief Judge.
The appeal from the dismissal of this diversity breach of contract suit presents an interesting and, we suspect, important question, nominally of Illinois law, concerning the characterization of an insurance policy as "primary" or "excess." A policy is primary if the insured has a right to collect the proceeds in the event of a loss regardless of what other insurance he may have. It is excess if his right...
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