1. Home
  2. Browse Decisions
  3. F.3d
  4. 178 F.3d
  5. 178 F.3d 804 (1999)
 

GENCORP, INC. v. AMERICAN INTERN. UNDERWRITERS

No. 97-3869.

178 F.3d 804 (1999)

GENCORP, INC., Plaintiff-Appellant, v. AMERICAN INTERNATIONAL UNDERWRITERS, also known as A.I.U. Insurance Company; Riunione Adriatica Di Sicurta, also known as Adriatic Insurance Company; Allianz Versicherungs-A.G., also known as Allianz Insurance Company; American Insurance Company, also known as American Auto Insurance; American Home Assurance Company; American Re-Insurance Company; Associated International Insurance Company; CIGNA Specialty Insurance Company; Central National Insurance Company of Omaha; Continental Casualty Company; Dairyland Insurance Company; Employers' Insurance of Wausau; Employers Reinsurance Corporation; Federal Insurance Company; Fidelity and Casualty Company of New York; Fireman's Fund Insurance Company; First State Insurance Company; Granite State Insurance Company; Insurance Company of North America; International Insurance Company; International Surplus Lines Insurance Company; Lexington Insurance Company; Liberty Mutual Insurance Company; Certain Underwriters at Lloyd's London; National Casualty Company; National Union Fire Insurance Co. of Pittsburgh, PA; Everset Reinsurance Company, Formerly known as Everest Reinsurance Company; Republic Insurance Company; St. Paul Fire and Marine Insurance Company; Twin City Fire Insurance Company; United Insurance Company; Gibraltar Casualty Company; United National Insurance Company; Lumbermens Mutual Casualty Company; Certain London Market Insurance Companies; Bellefonte Insurance Company, Ltd.; CNA Reinsurance of London Limited; Lexington Insurance Company, Ltd.; North Atlantic Insurance Company, Ltd.; St. Katherine Insurance Company, Ltd.; Stronghold Insurance Company, Ltd.; Wintrethur Swiss Insurance Company, Ltd. Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided June 2, 1999.

Attorney(s) appearing for the Case

Thomas W. Ladd (argued and briefed), McCarter & English, Newark, New Jersey, for Appellant.

Michael P. Comiskey (argued and briefed), Lord, Bissell & Brook, Chicago, Illinois, for Appellee.

Before: SUHRHEINRICH, DAUGHTREY, and GILMAN, Circuit Judges.

AMENDED OPINION

SUHRHEINRICH, Circuit Judge.

This is a declaratory judgment action brought to determine whether certain excess insurance policies, which "sit above" and "follow form" to two underlying umbrella insurance policies, incorporate from the underlying umbrella policies an absolute pollution exclusion endorsement added after the policy period had ended and made retroactive to the inception date of the underlying umbrella policies.

I. Background...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases