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ILLINOIS CENT. R. CO. v. ACC. & CAS. CO.

No. 1-98-1387.

739 N.E.2d 1049 (2000)

317 Ill.App.3d 737

251 Ill.Dec. 116

ILLINOIS CENTRAL RAILROAD COMPANY, Plaintiff-Appellant, v. ACCIDENT AND CASUALTY COMPANY OF WINTERTHUR et al., Defendants-Appellees.

Appellate Court of Illinois, First District, Fourth Division.

Rehearing Denied November 7, 2000.

Attorney(s) appearing for the Case

Freeborn & Peters, Chicago (Weston W. Marsh, Paul A. Hybel, of counsel), for Appellant Illinois Central Railroad Company.

Lord, Bissell & Brook, Chicago (Don W. Fowler, Terry R. Howell, Leslie J. Rosen, of counsel), for Appellee Certain Underwriters at Lloyd's, London and Certain London Market Insurance Companies.

Tressler Soderstrom Maloney & Priess, Chicago (D.J. Sartorio, Dawn Midkiff, of counsel), for Appellee Bellefonte (U.S.) Insurance Company.

O'Hagan, Smith & Amundsen, Chicago (Victor J. Piekarski, Michael Resis, of counsel), for Appellee Continental Insurance Company, as Successor to Certain Policies of Insurance Issued by Harbor Insurance Company, n/k/a Greenwich Insurance Company.

German, Gallagher & Murtagh, Philadelphia, PA (Jeffrey N. German, Michael Willison, of counsel), and Wolf & Associates, Chicago (Kathleen Sweitzer, of counsel), for Appellee Stonewall Insurance Company.

Justice BARTH delivered the opinion of the court:

This coverage dispute between plaintiff Illinois Central Railroad Company (IC) and its 35 excess insurers (collectively defendants) has been before this court previously. See Kerr v. Illinois Central R.R. Co., 283 Ill.App.3d 574, 219 Ill.Dec. 81, 670 N.E.2d 759 (1996). There we held that IC...

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