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AMERICAN ALLIANCE INS. CO. v. IARW INS. CO., LTD.

No. 98-2323.

165 F.3d 558 (1999)

AMERICAN ALLIANCE INSURANCE COMPANY, Plaintiff-Appellee, v. IARW INSURANCE COMPANY, LIMITED, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided January 12, 1999.

Attorney(s) appearing for the Case

John J. Piegore (argued), Mary E. Haeger, Kiesler & Bermand, Chicago, IL, for plaintiff-appellee.

Joel S. Siegel (argued), Horvath & Lieber, Chicago, IL, for Defendant-appellant.

Before FLAUM, EASTERBROOK, and DIANE P. WOOD, Circuit Judges.

EASTERBROOK, Circuit Judge.

Interstate Warehousing, Inc., had two policies of insurance. One, issued by American Alliance, covered injury to property in Interstate's care; the other, issued by IARW, covered any legal liability Interstate incurred as a warehouseman or bailee. Each claimed to be excess to any other insurance for the same risk. According to the complaint filed in this battle between the insurers, on December 9, 1994, "a portion of the racking system...

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