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MAY DEPT. STORES CO. v. FEDERAL INS. CO.

No. 01-3861.

305 F.3d 597 (2002)

THE MAY DEPARTMENT STORES COMPANY and THE MAY DEPARTMENT STORES COMPANY RETIREMENT PLAN, Plaintiffs-Appellants, v. FEDERAL INSURANCE COMPANY and NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 19, 2002.

Attorney(s) appearing for the Case

William P. Skinner (argued), Covington & Burling, Washington, DC, for Plaintiffs-Appellants.

Matthew J. Verschelden (argued), (Paul E. Donnelly and Scott C. Hecht on the brief), Stinson Morrison Hecker, Kansas City, MO, for Defendant-Appellee Federal Ins. Co.

Lisa A Pake (argued), Haar & Woods, St. Louis, MO, for Defendant-Appellee National Union Fire Ins. Co.

Before POSNER, MANION, and DIANE P. WOOD, Circuit Judges.

POSNER, Circuit Judge.

This diversity suit for breach of a contract of liability insurance was brought by an ERISA pension plan (the May plan, we'll call it), and by the company (May) that sponsored and administers the plan, against two insurance companies, one of which however is an excess insurer whose liability to the plaintiffs need not be discussed separately. The insurance policy, which is called an "Executive Protection Policy," was issued to May but names...

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