OUTBOARD MARINE CORP. v. LIBERTY MUT. INS. CO.

No. 2-95-0950.

670 N.E.2d 740 (1996)

283 Ill. App.3d 630

219 Ill.Dec. 62

OUTBOARD MARINE CORPORATION, Plaintiff-Appellant and Cross-Appellee, v. LIBERTY MUTUAL INSURANCE COMPANY, et al.

Appellate Court of Illinois, Second District.

September 16, 1996.


Attorney(s) appearing for the Case

Brydges, Riseborough, Peterson, Franke, & Morris, Louis W. Brydges, Sr., Leslie A. Peterson, Waukegan; Irell & Manella, Thomas W. Johnson Jr., Michael G. Ermer, Newport Beach, CA, and Gardner, Carton & Douglas, Richard J. Kissel, Chicago, for Outboard Marine Corporation.

Rivkin, Radler & Kremer, Jay V. Krafsur, Jose A. Isasi II, and Robert N. Lane, Chicago, for Employer's Surplus Lines Insurance Co.

Williams & Montgomery, Ltd., James K. Horstman, Anthony P. Katauskas, and Lloyd E. Williams, Jr., Chicago, for Home Insurance Company.

Tressler, Soderstrom, Maloney & Priess, Shaun McParland Baldwin and Dawn Midkiff, Chicago, for Allstate Insurance Company, Northbrook.

Oppenheimer, Wolff & Donnelly, John Y.E. Lee, Lisa C. Breen; and Bates, Meckler, Bulger & Tilson, Maria G. Enriquez, Chicago, for American Re-Insurance Company.

Jones, Day, Reavis & Pogue, James A. White, Karen Kazel Poulos, Steven A. Wright, Chicago, Lester O. Brown, Thomas M. McMahon, Los Angeles, CA, and Jenner & Block, John H. Mathias Jr., Stephanie A. Scharf, Gabrielle Sigel, John D. Shugrue, and Thomas A. Marrinson, Chicago, amici curiae.


Justice THOMAS delivered the opinion of the court:

This appeal involves an insurance coverage dispute between the plaintiff, Outboard Marine Corporation (OMC), and four of its excess insurance carriers, the Home Insurance Company (Home), Employer's Surplus Lines Insurance Company (ESLIC), Northbrook Insurance Company (Northbrook), and American Re-Insurance Company (American). Following a two-week bench trial on the issue of the insurers' duty to indemnify OMC, the...

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