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JAMES RIVER INS. CO. v. KEMPER CAS. INS. CO.

No. 08-3570.

585 F.3d 382 (2009)

JAMES RIVER INSURANCE COMPANY, Plaintiff-Appellant, v. KEMPER CASUALTY INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 28, 2009.

Attorney(s) appearing for the Case

Vasudav N. Addanki, Michael Resis, Attorney (argued), Smithamundsen, LLC, John J. Lynch, Attorney, Figliulo & Silverman, Chicago, IL, for Plaintiff-Appellant.

Mitchell D. Rose, Attorney (argued), Edward R. Ruberry, Attorney, George J. Manos, Attorney, Bollinger, Ruberry & Garvey, Joseph M. O'Callaghan, Attorney, O'Callaghan & Colleagues, Chicago, IL, for Defendant-Appellee.

Before POSNER, MANION, and TINDER, Circuit Judges.

POSNER, Circuit Judge.

This diversity suit pits the James River insurance company against the Kemper insurance company. James River seeks a declaration that it had no duty to defend or indemnify two lawyers (and their law firm, but we can ignore that detail) who were sued for malpractice and whom Kemper had also insured. As is often true in a declaratory-judgment suit, the plaintiff in the suit is really the defendant. For James River wants nothing from Kemper, while...

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