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-Appellee,
v.
INTERNATIONAL INSURANCE COMPANY, Indiv., and as Successor to International Surplus Lines Insurance Company, North River Insurance Company, and United States Fire Insurance Company, Defendant-Appellant (Admiral Insurance Company, et al., Defendants).
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-Appellee,
v.
FEDERAL INSURANCE COMPANY; and Commercial Union Insurance Company, on Behalf of C.E. Heath Compensation And Liability Insurance Company, as Successor to Certain Interests of Employers' Surplus Lines Insurance Company, Defendants-Appellants (Admiral Insurance Company, et al., Defendants).
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-Appellee,
v.
CENTURY INDEMNITY COMPANY, as Successor to Cigna Specialty Insurance Company, f/k/a California Union Insurance Company, and Central National Insurance Company of Omaha, Defendant-Appellant.
Appellate Court of Illinois, Second District.https://leagle.com/images/logo.png
May 2, 1997.
May 2, 1997.
Attorney(s) appearing for the Case
Edward F. Ruberry, Michael S. Knippen, Thomas M. Ryan, Carlos Del Carpio, Daniel V. Marsalli, Bollinger, Ruberry & Garvey, Chicago, for Appellants International Insurance Company, International Surplus Lines Ins. Co., North River Insurance Company, United States Insurance Company.
Mark A. Kinzie (on brief), Stinson, Mag & Fizzell, St. Louis, MO, J. Patrick Sullivan (on brief), Stinson, Mag & Fizzell, Kansas City, MO, for Appellant Federal Insurance Company.
James J. Berdelle, James R. Branit (on reply brief), Bullaro, Carton & Stone, Chicago, IL, for Appellant Commercial Union Insurance Company, C.E. Heath Compensation & Liability Ins. Co.
James T. Ferrini, Susan J. Condon, Imelda Terrazino, Clausen Miller, P.C., Chicago, Stuart H. Newberger, Michael J. Zoeller, Crowell & Zoeller, Washington, DC, for Appellants Central National Insurance Company of Omaha, Century Indemnity Co.
Michael D. Gallagher, Jeffrey N. German. Michael K. Willison, German, Gallagher & Murtagh, Philadelphia, PA, David H. Wolfe, Asim S. Raza, Wolf & Associates, Chicago, for Appellant Stonewall Insurance Company.
James R. Schirott and Phillip A. Luetkehans (on brief), Schirott & Luetkehans, P.C., Itasca; John H. Mathias Jr., Stephanie A. Scharf, David M. Kroeger and Christine E. Kessler (on brief), Theodore R. Tetzlaff, Jenner & Block, Chicago, for Appellee Missouri Pacific Railroad Company.
John E. Heintz (on brief), Howrey & Simon, Washington, DC, Mark S. Killion (on brief), Stratton & Nardulli, Springfield, Weston W. Marsh and Paul A. Hybel (on brief), Freeborn & Peters, Chicago, Kevin M. Forde (on brief), Kevin M. Forde, Ltd., Chicago, Kevin Walsh (on brief), Whitman, Breed, Abbott & Morgan, New York City, for Amicus Curiae Atchison, Topeka & Santa Fe Railway Company, Burlington Northern Railroad Company, Illinois Manufacturers' Association, Schlumberger Industries, Inc., Stepan Company.
Appellate Court of Illinois, Second District.
Justice BOWMAN delivered the opinion of the court:
This appeal involves an insurance coverage dispute between plaintiff, Missouri Pacific Railroad Company (Missouri Pacific), and four of its excess general liability insurance carriers, Commercial Union Insurance Company (Commercial Union), Federal Insurance Company (Federal), International Insurance Company (International), and Century Indemnity Company (Century Indemnity) (collectively, the insurers).
The...
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