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KERR v. ILLINOIS CENT. R. CO.

No. 1-95-2701.

670 N.E.2d 759 (1996)

283 Ill. App.3d 574

219 Ill.Dec. 81

Keith KERR, individually and on behalf of those certain underwriters at Lloyds' London, et al., Plaintiffs-Appellees, v. ILLINOIS CENTRAL RAILROAD COMPANY, Defendant and Third-Party Plaintiff-Appellant (Bellafonte (U.S.) Insurance Company et al., Third-Party Defendants-Appellees; and Harbor Insurance Company, et al., Third-Party Defendants).

Appellate Court of Illinois, First District, Fifth Division.

Rehearing Denied October 17, 1996.

Attorney(s) appearing for the Case

Weston W. Marsh, Paul A. Hybel, Rhiannon E. Schmieg, Freeborn & Peters, Chicago, for Defendant/Third-Party Plaintiff/Appellant.

Don W. Fowler, Terry R. Howell, Jason Brener, Leslie J. Rosen, Lord, Bissell & Brook, Chicago, Stuart H. Newberger, Glenn Grant, of Crowell & Moring, Washington, D.C., Gerard C. Smetana, of Smetana & Avakian, Chicago, D.J. Sartorio, Katherine Arnold of Tressler, Soderstrom, Maloney & Priess, Chicago, for Plaintiffs-Appellees and Third-Party Defendants-Appellees.

Justice HOURIHANE delivered the opinion of the Court:

Plaintiffs, certain underwriters at Lloyd's, London and certain London Market Insurance Companies (hereafter London Insurers) sought a declaratory judgment that they were not obligated to indemnify defendant, Illinois Central Railroad Company (IC), for amounts IC expended in defense and settlement of an employment discrimination class action suit. IC counterclaimed and filed a third-party action against several...

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