EMERSON ELEC. CO. v. AETNA CAS. & SUR. CO.

Nos. 1-98-4762, 1-98-4780 and 1-99-244.

743 N.E.2d 629 (2001)

319 Ill.App.3d 218

252 Ill.Dec. 761

EMERSON ELECTRIC CO., Appleton Electric Company, Automatic Switch Company, Branson Ultrasonics Corporation, Commercial Cam Co., Inc., Copeland Corporation, Emerson Power Transmission Corporation, Midwest Component, Inc., Metaloy, Inc., Micro Motion, Inc., PEPT Corporation (formerly Skil Corporation), Ridge Tool Company, Therm-O-Disc Incorporated and Western Forge Corporation, Plaintiffs-Appellants, v. AETNA CASUALTY & SURETY COMPANY, Allstate Insurance Company (as successor by merger to Northbrook Excess & Surplus Insurance Company), American Casualty Company of Reading, Pa., American Home Assurance Company, American International Underwriters (AIU) Insurance Company, California Union Insurance Company, Central National Insurance Company of Omaha, Certain Underwriters of Lloyd's London, Chicago Insurance Company, CNA Insurance Company, Columbia Casualty Company, Commercial Union Insurance Company (formerly Employers Commercial Union Insurance Company), The Continental Insurance Company (as itself and as successor to Harbor Insurance Company), Continental Casualty, Company Employer's Casualty Company, Employers' Liability Assurance Corporation, Ltd., Employers Reinsurance Corporation, Excess Insurance Company, Ltd., Federal Insurance Company, First State Insurance Company, Granite State Insurance Company, Hartford Accident & Indemnity Company, Highlands Insurance Company, The Home Insurance Company, The Insurance Company of the State of Pennsylvania, International Surplus Lines Insurance Company, Interstate Fire & Casualty Company, Lexington Insurance Company, Liberty Mutual Insurance Company, National Fire Insurance Company of Hartford, National Union Fire Insurance Company of Pittsburgh, Pa., North State Reinsurance Corporation, Republic Insurance Company, Transport Insurance Company (as successor of the liabilities of Transport Indemnity Company), The Travelers Insurance Company, United States Fire Insurance Company, Westchester Insurance Company (as successor to International Insurance Company), Westport Insurance Corporation (as successor to Puritan Insurance Company, formerly Manhattan Fire and Marine Insurance Company), and Zurich American Insurance Company of Illinois, Defendants-Appellees.

Appellate Court of Illinois, First District, Second Division.

January 16, 2001.


Attorney(s) appearing for the Case

Kevin M. Forde, Mary Anne Mason, Janice R. Forde, Kathleen K. Cirrincione, Kevin M. Forde, Ltd., Chicago; Jerold Oshinsky, Stephen G. Weil, David L. Engelhardt, Keisha A. Gary, Michael S. Kimberling, Dickstein Shapiro Morin & Oshinsky, L.L.P., Washington, DC, for appellants.

Maria G. Enriquez, Thomas J. O'Brien, Dawn M. Gonzalez, Bates Meckler Bulger & Tilson, Chicago, for Republic Insurance Company.

Williams & Montgomery Ltd., Chicago (David E. Neumeister, Anthony P. Katauskas, Mary A. Sliwinski and Lloyd E. Williams, of counsel), for Home Insurance.

William G. Stone, Douglas W. Walker, Christian D. Ambler, Stone & Moore Chtd., Chicago, for Commercial Union Insurance Company.

Michael R. Orlando, Cohn & Baughman, Chicago, for Central National Insurance Company of Omaha.


Justice GORDON delivered the opinion of the court:

These three consolidated appeals arise from a declaratory judgment action initially filed by plaintiff Emerson Electric Co. (Emerson) and 15 of its subsidiaries against 57 insurers. In their suit, plaintiffs sought a determination that the insurers owed coverage for liabilities resulting from environmental contamination at 60-some sites throughout the United States. In September 1997, six months after filing their...

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