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-Appellant,
v.
AMERICAN HOME ASSURANCE COMPANY; Century Indemnity Company, as Successor to Cigna Specialty Insurance Company, f/k/a California Union Insurance Company; Employers Insurance of Wausau; Federal Insurance Company; First State Insurance Company; Granite State Insurance Company; International Insurance Company, Indiv. and as Successor to International Surplus Lines Insurance Company; Landmark Insurance Company; Lexington Insurance Company; National Union Fire Insurance Company of Pittsburgh, Pa.; Northbrook Excess and Surplus Insurance Company; Stonewall Insurance Company; Transamerica Insurance Company, n/k/a Transamerica Insurance Group; Travelers Indemnity Company; Unione Italiana Reinsurance Company of America; and United States Fire Insurance Company, Defendants-Appellees.
Appellate Court of Illinois, Second District.https://leagle.com/images/logo.png
January 30, 1997.
Rehearing Denied March 6, 1997.
Attorney(s) appearing for the Case
Theodore R. Tetzlaff, John H. Mathias Jr., Stephanie A. Scharf, Brent D. Stratton, David M. Kroeger, Christine E. Kessler, Jenner & Block, Chicago, Schirott & Luetkehans, P.C., Phillip A. Luetkehans, James R. Schirott, Schirott & Luetkehans, P.C., Itasca, for Missouri Pacific Railroad Company.
Pretzel & Stouffer, Chartered, Chicago, Robert Marc Chemers, Pretzel & Stouffer, Chartered, Chicago, for American Home Assurance Co., Granite State Insurance Co., Landmark Insurance Co., Lexington Insurance Co., National Union Fire Insurance Co. of Pittsburgh, PA and Unione Italiana Reinsurance Co. of America.
Edward F. Ruberry, Michael S. Knippen, Thomas M. Ryan, Bollinger, Ruberry & Garvey, Chicago, Stuart H. Newberger, Crowell & Moring, Washington, DC, Michael J. Zoeller, Crowell & Zoeller, Washington, DC, Robert Goldberg, Crowell & Moring, Washington, DC, Jeffrey N. German, Michael K. Willison, Lisa Zucker, German, Gallagher & Murtagh, Philadelphia, PA, for Central National Insurance Company of Omaha, Cigna Specialty Insurance Company, California Union Insurance Company, International Insurance Company and United States Fire Insurance Company.
Terrence E. Kiwala, Ellen D. Holzman, Chicago, for First State Insurance Company.
Eric C. Young, Dunham, Boman & Leskera, East St. Louis, for Employers Insurance of Wausau.
Mark A. Kinzie, Stinson, Mag & Fizzell, St. Louis, MO, J. Patrick Sullivan, Stinson, Mag & Fizzell, Kansas City, MO, for Federal Insurance Company.
Samuel A. Purves, Bonnie L. Braverman, McKenna, Storer, Rowe, White & Farrug, Chicago, for Allstate Insurance Company.
James T. Ferrini, Imelda Terrazino, Clausen Miller, P.C., Chicago, for Century Indemnity Co. Successor.
David P. Cutler, Cutler & Hull, Chicago, for Transamerica Insurance Company, fka Transamerica Insurance Group, Stonewall Ins. Co., Travelers Indem. Co.
Appellate Court of Illinois, Second District.
Justice COLWELL delivered the opinion of the court:
Plaintiff, Missouri Pacific Railroad Company (Missouri Pacific), appeals from the trial court's order granting partial summary judgment. The trial court determined as a matter of law that as of February 27, 1973, Missouri Pacific was aware of the substantial likelihood that its employees would file numerous claims for noise-induced hearing loss (NIHL). Consequently, the trial court held under the "known loss" doctrine...
Let's get started
Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders.
Updated daily.
Uncompromising quality.
Complete, Accurate, Current.
Listed below are the cases that are cited in this Featured Case. Click the citation to see the full
text of the cited case. Citations are also linked in the body of the Featured Case.
Cited Cases
No Cases Found
Listed below are those cases in which this Featured Case is cited. Click on the case name to see the
full text of the citing case.
