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BAXTER INTERN. v. AMERICAN GUAR. & LIAB.

No. 1-05-3231.

861 N.E.2d 263 (2006)

308 Ill.Dec. 198

BAXTER INTERNATIONAL, INC., Plaintiff-Appellee and Cross-Appellant, v. AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY, Defendant-Appellant and Cross-Appellee.

Appellate Court of Illinois, First District, First Division.

Rehearing Denied February 1, 2007.

Attorney(s) appearing for the Case

Thomas L. Hutchinson, R. Daniel Lindahl, of Bullivant, Houser, Bailey, Portland, OR, and John J. McInerney, of Leahy, Eisenberg & Fraenkel, Ltd., Chicago, for Appellant.

Carl W. Shapiro and Thomas W. Foote, of Shapiro, Rodarte & Freedman, LLP, Santa Monica, CA, and Eugene A. Schoon and Beth Westman Gaus, of Sidley Austin LLP, Chicago, for Appellee.

Justice CAHILL delivered the opinion of the court:

This case arises out of an insurance coverage dispute between Baxter International, Inc. (Baxter), and American Guarantee & Liability Insurance Company (American). The dispute concerns whether payments American made to indemnify Baxter for damaged inventory can be considered in calculating American's liability for loss due to business interruption. The trial court held the payments could not be considered and...

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