ALLIANZ INS. CO. v. GUIDANT CORP.

No. 49A05-0704-CV-216.

884 N.E.2d 405 (2008)

ALLIANZ INSURANCE COMPANY, et al., Appellants-Defendants, v. GUIDANT CORPORATION, et al., Appellees-Plaintiffs.

Court of Appeals of Indiana.

April 17, 2008.


Attorney(s) appearing for the Case

Richard A. Smikle, Andrew J. Miroff, Brian J. Paul, Ice Miller LLP, Indianapolis, IN, Lazar P. Raynal, Geoffrey A. Vance, McDermott Will & Emery LLP, Chicago, IL, Attorneys for Appellant, Allianz Insurance Co.

John David Hoover, Sean T. White, Hoover Hull, LLP, Indianapolis, IN, J.C. Ditzler, Melissa O'Loughlin White, Cozen O'Connor, Seattle, WA, Attorneys for Appellants, The Excess Insurers.

George M. Plews, Jeffrey D. Claflin, Todd Janzen, Plews Shadley Racher & Braun, Indianapolis, IN, G. Andrew Lundberg, Mary Rose Alexander, Latham & Watkins LLP, Chicago, IL, Attorneys for Appellees.


OPINION

BAKER, Chief Judge.

At the heart of this monstrosity of a litigation that has crossed state lines and caused all parties to behave inexplicably at times, is a fairly straightforward dispute about when and whether an insurer's duty to defend has been triggered. We confess our frustration that the parties have forced the Indiana courts to take part in a race to the finish with the courts of Illinois.

Appellants-defendants Allianz Insurance...

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