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TRAVELERS INDEM. CO. v. AMERICAN CAS. CO.

No. 1-02-2014.

786 N.E.2d 582 (2003)

337 Ill. App.3d 435

272 Ill.Dec. 43

TRAVELERS INDEMNITY COMPANY, a Connecticut corporation, Plaintiff-Appellant, v. AMERICAN CASUALTY COMPANY OF READING, PA, a Pennsylvania corporation doing business as CNA Insurance Companies, Defendant-Appellee.

Appellate Court of Illinois, First District, Third Division.

Rehearing Denied April 3, 2003.

Attorney(s) appearing for the Case

Mitchell H. Frazen and Alexis A. Hawker, Litchfield Cavo, Chicago, for Appellant.

Michael P. Tone and Kimberly E. Blair, Ross, Dixon & Bell, LLP, Chicago, for Appellee.

Justice WOLFSON delivered the opinion of the court:

This appeal arises from a dispute between Travelers Indemnity Company (Travelers) and American Casualty Company (American Casualty) over the priority of coverage between an excess liability policy issued by Travelers and three primary liability policies with "other insurance" provisions issued by American Casualty. The circuit court concluded the excess policy and the primary policies should contribute pro rata...

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