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FRUIT OF THE LOOM, INC. v. TRAVELERS INDEMNITY CO.

No. 1-95-1869.

672 N.E.2d 278 (1996)

284 Ill. App.3d 485

219 Ill.Dec. 770

FRUIT OF THE LOOM, INC., Plaintiff-Appellant, v. The TRAVELERS INDEMNITY COMPANY, and Transportation Insurance Company, Defendants-Appellees.

Appellate Court of Illinois, First District, Second Division.

Rehearing Denied November 21, 1996.

Attorney(s) appearing for the Case

D'Ancona & Pflaum, Chicago (Michael Quinn and Steven Baron, of counsel); and Anderson, Kill, Olick & Oshinsky, L.L.P., Washington, DC (Michael Nardolilli, Lauren Sobel and Lisa Barsoomian, of counsel), for Appellant.

Haskell & Perrin, Chicago (Daniel Caswell and Michael Warnick, of counsel), for Transportation Insurance, Appellee.

Altheimer & Gray, Chicago (Jeffrey Kraus and Charles Valente, of counsel); and Coudert Brothers, New York City (Seth Ribner, Theodore Snyder, Julie Mack, and C. Allen Garrett, of counsel), for Travelers Indemnity, Appellee.

Presiding Justice HARTMAN delivered the opinion of the court:

This appeal concerns environmental pollution at a plant Fruit of the Loom, Inc. (FOTL) formerly owned in Bridgeport, Connecticut. FOTL sought a declaratory judgment against defendants Travelers Indemnity Company (Travelers) and Transportation Insurance Company (Transportation) for failing to defend it in connection with the subject pollution. Travelers and Transportation filed answers and affirmative defenses...

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