ARCHDIOCESE OF MILWAUKEE v. UNDERWRITERS AT LLOYD'S

Civil Action No. 95-C-0088.

955 F.Supp. 1066 (1997)

ARCHDIOCESE OF MILWAUKEE, Holy Name Catholic Church, St. Francis Desales Catholic Church, St. Patrick Catholic Church, St. Peter Claver Parish, St. James Catholic Church, and Holy Cross Parish, Plaintiffs, v. UNDERWRITERS AT LLOYD'S, LONDON; Dominion Insurance Co.; CNA Reinsurance of London Ltd.; Stronghold Insurance Co., Excess Insurance Co., Yasuda Fire and Marine Insurance Co.; Terra Nova Co.; St. Katherine Insurance Co.; Sphere Drake Insurance Co. PLC; Interstate Fire & Casualty Co.; Centennial Insurance Co.; International Surplus Lines Insurance Co.; Granite State Insurance Co., and National Union Fire Insurance Co., Defendants.

United States District Court, E.D. Wisconsin.

February 28, 1997.


Attorney(s) appearing for the Case

Matthew J. Flynn, Quarles & Brady, Milwaukee, WI, For Plaintiffs Archdiocese of Milwaukee, Holy Name Catholic Church, St. Francis DeSales Catholic Church, St. Patrick Catholic Church, St. Peter Claver Parish, St. James Catholic Church, and Holy Cross Parish.

Maureen A. McGinnity, Foley & Lardner, Milwaukee, WI, and Catalina J. Sugayan, Lord, Bissell & Brook, Chicago, IL, For Defendants Underwriters at Lloyds of London, Dominion Ins. Co., CNA ReIns. of London, Ltd., Stronghold Ins. Co., Excess Ins. Co., Yasuda Fire & Marine Ins. Co. of America, Terra Nova Co., St. Katherine Ins. Co., and Sphere Drake Ins. Co.

Randy Sue Schreiber, Querrey & Harrow, Chicago, IL, and Timothy J. McNamara, Onedane, Donohoe, Bernard, Torian, Diaza, McNamara & Abell, Lafayette, LA, For Defendant Interstate Fire & Cas. Co.

Lisa M. Kouba, Clausen, Miller, Gorman, Caffrey & Witous, Chicago, IL, and Donald P. O'Meara, Mitchell, Baxter, O'Meara & Mathie, s.c., Milwaukee, WI, For Defendants Centennial Ins. Co., and National Union Fire Ins. Co.

D. Timothy McVey, Purcell & Wardrope, Chicago, IL, For Defendant Int'l Surplus Lines Ins. Co.

Charles H. Bohl, Whyte Hirschboeck Dudek, S.C., Milwaukee, WI, and Tamara A. Hayes, Whyte, Hirschboeck & Dudek, Menomonee Falls, WI, For Defendant Granite State Ins.


DECISION AND ORDER ADOPTING MAGISTRATE'S RECOMMENDATION

REYNOLDS, District Judge.

A contract term, has kept this case in a state of jurisdictional limbo for over two years. The defendants want this insurance coverage dispute litigated in federal court, and the plaintiffs want the case remanded to state court. Although the defendants would normally have a right to a federal forum, the relevant contract clause states: "the Insurers, at the request of the insured...

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