TRAVELERS INS. CO. v. ELJER MFG., INC.

Nos. 1-98-2881, 1-98-2883.

718 N.E.2d 1032 (1999)

307 Ill. App.3d 872

241 Ill.Dec. 178

The TRAVELERS INSURANCE COMPANY OF ILLINOIS and The Travelers Indemnity Company, Plaintiffs, v. ELJER MANUFACTURING, INC., United States Brass Corporation, Liberty Mutual Insurance Company, and Highlands Insurance Company, Defendants. Gibraltar Casualty Company, Hartford Accident & Indemnity Company, and Allstate Insurance Company, successor in interest to Northbrook Excess and Surplus Insurance Company, formerly known as Northbrook Insurance Company, pursuant to merger effective January 1, 1985, Plaintiffs-Appellees, v. Eljer Manufacturing, Inc. and United States Brass Corporation, Defendants-Appellants (Liberty Mutual Insurance Company and Highlands Insurance Company, Defendants). National Surety Corporation, First State Insurance Company, Hartford Accident & Indemnity Company, and Old Republic Insurance Company, Plaintiffs-Appellees, v. Eljer Manufacturing, Inc. and United States Brass Corporation, Defendants-Appellants (Travelers Casualty & Surety Company, formerly known as Aetna Casualty & Surety Company; Allstate Insurance Company, successor in interest to Northbrook Excess and Surplus Insurance Company, formerly known as Northbrook Insurance Company, pursuant to merger effective January 1, 1985; Century Indemnity Company, successor to both CIGNA Specialty Insurance, formerly known as California Union Insurance Company, and CIC Insurance Company, successor to Insurance Company of North America; Constitution State Insurance Company; Continental Insurance Company, successor in interest to certain insurance policies issued by Harbor Insurance Company; Employers Mutual Casualty Company; Federal Insurance Company; Granite State Insurance Company; International Insurance Company; Lexington Insurance Company; National Union Fire Insurance Company of Pittsburgh, PA.; The North River Insurance Company; Royal Insurance Company; Stonewall Insurance Company; and Zurich International, Ltd., Defendants-Appellees, Highlands Insurance Company and Reliance Insurance Company of Illinois, Defendants). Century Indemnity Company, successor to CIGNA Specialty Insurance Company, formerly known as California Union Insurance Company, Plaintiff-Appellee, v. Eljer Industries, Inc.; Eljer Manufacturing, Inc., formerly known as Eljer Plumbingware, Inc.; United States Brass Corporation; and Household International, Inc., Defendants-Appellants.

Appellate Court of Illinois, First District, Fourth Division.

September 9, 1999.


Attorney(s) appearing for the Case

Freeborn & Peters, Chicago (Michael Freeborn & Michael Novak, of counsel); Hoyle Morris & Kerr LLP, Philadelphia, PA (R. Nicholas Gimbel, Elizabeth Fox & Kevin Kotch, of counsel), for Eljer and U.S. Brass.

Schiff Hardin & Waite, Chicago (Michael Brody & David Blickenstaff, of counsel); Clark & DeGrand, Chicago (Luke DeGrand, of counsel); Heller, Ehrman, White & McAuliffe, San Francisco, CA (Jonathan Hayden, of counsel), for Household.

Aronberg, Goldgehn, Davis & Garmisa, Chicago (Mitchell Goldgehn & James Smith, of counsel), for Allstate.

Crowell & Moring LLP, Washington, D.C. (Mark Plevin & Amy Mauser, of counsel); Cohn & Baughman, Chicago (William Cohn & Michael Baughman, of counsel), for Century Indemnity.


Presiding Justice HOFFMAN delivered the opinion of the court:

In these consolidated cases, Eljer Industries, Inc., Eljer Manufacturing, Inc., United States Brass Corporation, and Household International, Inc. appeal from orders of the circuit court of Cook County denying their motions for summary judgment and granting summary judgments determining certain insurance coverage issues in favor of: National Surety Corporation; Hartford Accident & Indemnity Company...

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