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EVANSTON INS. CO. v. STONEWALL SURPLUS LINES INS.

Nos. 95-9542, 96-8215.

111 F.3d 852 (1997)

EVANSTON INSURANCE COMPANY, an Illinois Corporation, Plaintiff-Appellant, v. STONEWALL SURPLUS LINES INSURANCE COMPANY, an Alabama Corporation; Schneider National Carriers, Inc., a Nevada Corporation; Stonewall Insurance and Truck Insurance Exchange, Defendants-Appellees. EVANSTON INSURANCE COMPANY, an Illinois Corporation, Plaintiff-Appellee, v. STONEWALL SURPLUS LINES INSURANCE COMPANY, an Alabama Corporation; Stonewall Insurance; Truck Insurance Exchange, Defendants-Appellees, Schneider National Carriers, Inc., a Nevada Corporation, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 6, 1997.

Attorney(s) appearing for the Case

William C. Humphreys, Jr., William T. Plybon, Candace Noelle Smith, Alston & Bird, Atlanta, GA, for Appellant.

Richard I. Metzger, William Wray Eckl, Drew, Eckl & Farnham, Atlanta, GA, John David Jones, Greene, Buckley, Jones & McQueen, Atlanta, GA, James Errol Singer, Bovis, Kyle & Burch, Atlanta, GA, for Appellee.

Before BIRCH, Circuit Judge, and HILL and FARRIS, Senior Circuit Judges.

HILL, Senior Circuit Judge:

A tractor trailer and private automobile collision resulted in one death and one serious and permanent injury. After the claims for these losses were settled, an excess carrier, Evanston Insurance Co., sued the insured, Schneider National Carriers, Inc., the primary carrier, Truck Insurance Exchange, and two other excess carriers, Stonewall Insurance Co. and Stonewall Surplus Lines Insurance Co., over coverage. The insured sought but was...

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