MISSOURI PACIFIC RAILROAD COMPANY, on its own Behalf and as Successor in Interest to Chicago and Eastern Illinois Railroad Company and to Texas and Pacific Railway Company and their subsidiary and affiliated companies, Plaintiff-Appellant,
v.
AMERICAN RE-INSURANCE COMPANY; American Casualty Company of Reading, Pennsylvania; Continental Casualty Company; Commercial Union Insurance Company, on Behalf of C.E. Health Compensation and Liability Insurance Company, as Successor to certain Interests of Employers' Surplus Lines Insurance Company; Federal Insurance Company; Fireman's Fund Insurance Company; Nationwide Mutual Insurance Company; and Travelers Indemnity Company, Defendants-Appellees.
Appellate Court of Illinois, Second District.https://leagle.com/images/logo.png
September 5, 1996.
As Modified on Denial of Rehearing January 24, 1997.
Attorney(s) appearing for the Case
Jenner & Block, Stephanie A. Scharf, Theodore R. Tetzlaff, John H. Mathias, Jr., Chicago, Schirott & Luetkehans, P.C., James R. Schirott, Phillip A. Luetkehans, Itasca, and Stuart H. Newberger, Crowell & Moring, Washington, DC, for Missouri Pacific Railroad Company.
Bates, Meckler, Bulger & Tilson, Maria G. Enriquez, and Catherine M. Crisham, Chicago, for American Re-Insurance Company.
Haskell & Perrin, Audrey S. Hanrahan, Chicago, for American Casualty Co. of Reading PA and Continental Casualty Co.
Bullaro, Carton & Stone, James J. Berdelle, Susan L. Hartman, and James R. Branit, Chicago, for Commercial Union Insurance Co.
Stinson, Mag & Fizzell, Mark A. Kinzie, St. Louis, MO, for Federal Insurance Company.
Gilberg & Kurent, Joseph S. Crociata, Stuart L. Peacock, and Colin M. Alberts, Washington, DC, for Fireman's Fund Insurance Company.
Dunham, Boman & Leskera, Eric C. Young, East St. Louis, for Nationwide Mutual Insurance Company.
Stradley, Ronon, Stevens & Young, Samuel J. Arena, Philadelphia, PA, French, Kezelis & Kominiarek, P.C., David C. Burtker, and Eric Friedemann, Wheaton, for Travelers Indemnity Company.
Thomson & Behr, Stephen W. Thomson, Richard J. Behr, Edwardsville, Mendes & Mount, Mary Ann D'Amato, George L. Maniatis, New York City, for Amicus Curiae.
Clausen Miller, P.C., Mark D. Paulson, and Lisa Marco Kouba, Chicago, for Central National Insurance Company of Omaha and Cigna Specialty Insurance Company.
Appellate Court of Illinois, Second District.
Justice RATHJE delivered the opinion of the court:
Plaintiff, Missouri Pacific Railroad Company (Missouri Pacific), appeals from a trial court order granting partial summary judgment to the defendants, American Re-Insurance Company and other named insurance companies (collectively, insurers). On appeal, Missouri Pacific contends that the trial court erred in granting the insurers' motion for partial summary judgment. We affirm the decision of the trial court.
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