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MAREMONT CORP. v. CONTINENTAL CAS. CO.

No. 1-00-3780.

760 N.E.2d 550 (2001)

326 Ill. App.3d 272

260 Ill.Dec. 133

MAREMONT CORPORATION, Plaintiff-Appellant, v. CONTINENTAL CASUALTY COMPANY, and Edward William Cheshire, et al., Defendants-Appellees.

Appellate Court of Illinois, First District, Third Division.

November 14, 2001.

Attorney(s) appearing for the Case

Martin J. Dubowsky, Martin J. Dubowsky, Ltd., Chicago, R. Bruce Holcomb, Mark H. Kolman, Teresa L. La Loggia and R. Edward Poole, Dickstein Shapiro Morin & Oshinsky LLP, Washington, D.C., for Appellant.

Jan M. Michaels, David L. Rudolph, Fedota Childers & May, P.C., Chicago, for Appellee Continental Casualty Company.

Lord, Bissell & Brook, Chicago (Michael P. Comiskey, Sarah M. Weil and Hugh S. Balsam, of counsel), for Appellees Certain Underwriters at Lloyd's, London and Certain London Market Insurance Companies.

Laura A. Foggan, John C. Yang and Stephen C. Tosini, Wiley Rein & Fielding LLP, Washington, D.C., for Amicus Curiae Insurance Environmental Litigation Association.

Justice WOLFSON delivered the opinion of the court:

Maremont Corporation was held responsible for the cost of cleaning up pollution at six property sites or landfills over a 40-year period. The clean-up cost several million dollars. To recoup, Maremont first sought coverage from its primary insurance carriers. After the primary policies were disposed of, Maremont then made claims against its excess coverage insurance policies. This case is the product of those claims...

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