LEVEL 3 COMMUNICATIONS, INC. v. FEDERAL INS. CO.

No. 01-1806.

272 F.3d 908 (2001)

LEVEL 3 COMMUNICATIONS, INC., Plaintiff-Appellee, v. FEDERAL INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided November 26, 2001.


Attorney(s) appearing for the Case

Brett A. Bakke, Brian D. Sieve (argued), Kirkland & Ellis, Chicago, IL, for Plaintiff-Appellee.

Jonathan A. Constine (argued), Hogan & Hartson, Washington, DC, for Defendant-Appellant.

Before BAUER, POSNER, and EVANS, Circuit Judges.


POSNER, Circuit Judge.

This appeal comes in a diversity suit seeking damages from a pair of insurance companies (a primary carrier, Federal, and an excess carrier that's no longer a party) that refused to pay on a policy of directors' and officers' liability insurance, a "D & O" policy, as it's known. Despite its name, such a policy insures not only officers and directors themselves but also their corporation if, as happened here, the corporation indemnifies them...

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