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PHILIPS ELECTRONICS v. N.H. INS. CO.

No. 1-97-0331.

692 N.E.2d 1268 (1998)

295 Ill. App.3d 895

230 Ill.Dec. 102

PHILIPS ELECTRONICS, N.V., and Philips Electronics North America Corporation, d/b/a Advance Transformer Company, Plaintiffs-Appellees/Cross-Appellants, v. NEW HAMPSHIRE INSURANCE COMPANY, Reliance National Insurance Company (U.K.) Ltd., Commercial Union Assurance PLC, Royal Insurance PLC, Sorema (U.K.) Ltd., Assicurazioni Generali S.P.A., River Thames Insurance Company Ltd., Chiyoda Fire & Marine Insurance Company (Europe) Ltd., Continental Casualty Company, ARIG Insurance Company Ltd., The Aetna Casualty & Surety Company, Chubb Insurance Company of Europe S.A. and A. Sharp (On His Own Behalf and On Behalf of Each Member of Syndicate 839), Defendants-Appellants/Cross-Appellees (National Union Fire Insurance Company of Pittsburgh, Pa.), Defendant.

Appellate Court of Illinois, First District, Fifth Division.

Rehearing Denied April 29, 1998.

Attorney(s) appearing for the Case

Glausen Miller, P.C., Chicago (Gilbert J. Schroeder, Mark E. Wilson and Edward M. Kay, of counsel), for Defendant-Appellants/Cross-Appellees.

Sachnoff & Weaver, Ltd. Chicago (Jeffrey T. Gilbert and Robert H. Nathan, of counsel); Dickstein, Shaprio, Morin & Oshinsky, LLP, New York City (Jerold Oshinsky, Robin L. Cohen and Elizabeth A. Sherwin, of counsel), for Plaintiffs-Appellees/Cross-Appellants.

Justice HARTMAN delivered the opinion of the court:

Defendants, collectively referred to as Insurers, brought an action in the Commercial Court of the High Court of Justice, Queen's Bench Division, in London, England (Commercial Court), seeking a declaration that they owe no coverage under their fidelity insurance policies for losses claimed by their insured, plaintiff Philips Electronics North America Corporation (PENAC). PENAC unsuccessfully challenged the Commercial...

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