IMC GLOBAL v. CONTINENTAL INS. CO.

No. 1-06-3363.

883 N.E.2d 68 (2007)

IMC GLOBAL, n/k/a Mosaic Global Holdings, Inc., Plaintiff/Counter-Defendant/Appellant, v. CONTINENTAL INSURANCE COMPANY, Defendant/Third-Party Plaintiff, v. Employers Mutual Liability Insurance Company of Wisconsin, n/k/a Employers Insurance Company of Wausau, Third-Party Defendant/Counter-Plaintiff/Appellee (Hartford Accident & Indemnity Company, Home Indemnity Company, International Insurance Company, Liberty Mutual Insurance Company, Maryland Casualty Company, National Union Insurance Company of Pittsburgh, PA., Third-Party Defendants).

Appellate Court of Illinois, First District, Second Division.

December 26, 2007.


Attorney(s) appearing for the Case

Foley & Lardner LLP, Chicago (James D. Dasso, Jeffrey A. Soble & Thomas K. Anderson, of counsel), for Appellants.

Zelle, Hofmann, Voelbel, Mason & Gette LLP, Waltham, MA (Wm. Gerald McElroy, Jr., of counsel); Harrison & Held, Chicago (John M. Heaphy, of counsel), for Appellees.


Presiding Justice HOFFMAN delivered the opinion of the court:

Mosaic Global Holdings, Inc. (Mosaic), appeals from a declaratory judgment entered in favor of Employers Insurance Company of Wausau (Wausau), finding that Wausau had no duty to defend or indemnify Mosaic in underlying federal actions involving claims for personal injury and property damage resulting from exposure to hazardous chemicals at a fertilizer plant formerly operated by Mosaic's predecessor-in...

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