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OLD REPUBLIC INS. v. EMPLOYERS REINSURANCE

No. 97-2449.

144 F.3d 1077 (1998)

OLD REPUBLIC INSURANCE COMPANY, Plaintiff-Appellant, v. EMPLOYERS REINSURANCE CORPORATION, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 22, 1998.

Attorney(s) appearing for the Case

Michael R. Hassan (argued), Albert E. Fowerbaugh, Jr., Lord, Bissell & Brook, Chicago, IL, for Plaintiff-Appellant.

David E. Stevenson (argued), Williams & Montgomery, Chicago, IL, for Defendant-Appellee.

Before BAUER, KANNE, and DIANE P. WOOD, Circuit Judges.

KANNE, Circuit Judge.

Old Republic Insurance Company ("Old Republic") sued Employers Reinsurance Corporation ("ERC") for a declaratory judgment to determine whether portions of Old Republic's letter of intent or whether ERC's facultative certificates formed the contract that bound their reinsurance agreement.1 Old Republic also sued for breach of that contract. The district court held that the facultative certificates formed the contract...

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