ESSEX INS. CO. v. KASTEN RAILCAR SERVICES, INC.

No. 97-1760.

129 F.3d 947 (1997)

ESSEX INSURANCE COMPANY, Plaintiff-Appellee, v. KASTEN RAILCAR SERVICES, INC., and Robert R. Riley, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided November 19, 1997.


Attorney(s) appearing for the Case

Beth K. Veath, Steven D. Asher (argued), John McMullen, Brown & James, St. Louis, MO, for Plaintiff-Appellee.

Charles W. King, Edwardsville, IL, for Kasten Railcar Services, Inc.

Richard F. Sharrard (argued), Blunt & Schum, Edwardsville, IL, for Robert R. Riley.

Before POSNER, Chief Judge, and RIPPLE and EVANS, Circuit Judges.


POSNER, Chief Judge.

A guard dog owned by defendant Kasten Railcar Services bit defendant Riley, resulting in a claim by Riley against Kasten that the latter asked its liability insurer, the plaintiff in this case, to cover. The insurer refused, pointing to the "canine exclusion" in the policy, and brought this suit (a diversity suit, governed by Illinois law) for a declaratory judgment of no coverage. The district judge thought the policy ambiguous, and submitted...

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