MAREMONT CORP. v. CHESHIRE

Nos. 1-96-0146, 1-96-2466 and 1-96-3186.

681 N.E.2d 548 (1997)

288 Ill. App.3d 721

224 Ill.Dec. 233

MAREMONT CORPORATION, Plaintiff-Appellant, v. Edward William CHESHIRE, Individually On His Own Behalf, and As Representative Underwriter On Behalf of Certain Underwriters at Lloyd's of London and Certain London Market Companies, American Motorists Insurance Company, Continental Casualty Company, Liberty Mutual Insurance Company, Defendants-Appellees.

Appellate Court of Illinois, First District, Fourth Division.

May 8, 1997.


Attorney(s) appearing for the Case

Martin J. Dubowsky, Martin J. Dubowsky, Ltd., Chicago; R. Bruce Holcomb, Dickstein Shapiro Morin & Oshinsky, L.L.P., Washington, D.C, for plaintiff-appellant.

John S. Vishneski, III, Keck, Mahin & Cate, Chigago; Eugene R. Anderson, Michael R. Magaril, Tara A. Griffin, Anderson Kill & Olick, P.C., New York City; United Policy Holders, of counsel, Amy R. Bach, San Francisco, CA, Amicus Curiae.

John B. Haarlow, Michael P. Comiskey, Jennifer A. O'Malley, Lord Bissell & Brook, Chicago, for defendants-appellees, American Motorists Ins. Co., Liberty Mutual Insurance Co., and Continental Casualty Co.


Presiding Justice WOLFSON delivered the opinion of the court:

In this insurance coverage case the trial court first had to determine which state's law governs the parties' rights and obligations. The answer to that question determines whether the insurance companies had to reimburse Maremont Corporation (Maremont) for money it spent settling a lawsuit filed by a corporation that owned a South Carolina site allegedly polluted by Maremont.

The trial court drew...

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