NATIONWIDE INS. v. ZAVALIS

No. 94-1306.

52 F.3d 689 (1995)

NATIONWIDE INSURANCE, Plaintiff-Appellant, v. Aleck ZAVALIS, Astroturf Industries, Inc., Safeco Insurance Company of America, and the Board of Trustees of the University of Illinois, an Illinois Public Corporation, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided April 14, 1995.


Attorney(s) appearing for the Case

Ralph Swanson, Sebat, Swanson, Banks, Garman & Townsley, Danville, IL, for Nationwide Ins.

J. Steven Beckett, Kelly K. James, Holly Clemons, Beckett & Webber, Urbana, IL, for Aleck Zavalis.

Traci E. Nally, Lorna K. Geiler, Meyer, Capel, Hirschfeld, Muncy, Jahn & Aldeen, Champaign, IL, George T. Lewis, III, Michael C. Patton, Heiskell, Donelson, Bearman, Adams, Williams & Caldwell, Memphis, TN, for Astroturf Industries, Inc., and Safeco Ins. Co. of America.

John E. Cassidy, III, Cassidy & Mueller, Peoria, IL, for Board of Trustees of University of Illinois.

Before CUMMINGS, FLAUM, and ROVNER, Circuit Judges.


ILANA DIAMOND ROVNER, Circuit Judge.

Aleck Zavalis and two other students at the University of Illinois, Champaign-Urbana, set fire to the astroturf covering the University's football field. Nationwide Insurance, which insured the Zavalis family, brought this diversity action seeking a declaratory judgment that it had no duty to defend or indemnify Zavalis in the state court suit filed against him by the University. The district court dismissed the declaratory suit...

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