TKK USA, INC. v. SAFETY NAT. CAS. CORP.

Nos. 12-1988, 12-2091.

727 F.3d 782 (2013)

TKK USA, INC., formerly known as The Thermos Company, Plaintiff-Appellee, Cross-Appellant, v. SAFETY NATIONAL CASUALTY CORP., Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 21, 2013.


Attorney(s) appearing for the Case

Richard D. Milone, Jr. (submitted), Attorney, Kelley Drye & Warren LLP, Washington, DC, Stephen A. Wood , Attorney, Kelley Drye & Warren LLP, Chicago, IL, for Plaintiff-Appellee, Cross-Appellant.

Michael L. Resis (submitted), Attorney, Smithamundsen, LLC, Chicago, IL, for Defendant-Appellant, Cross-Appellee.

Before BAUER, SYKES, and HAMILTON, Circuit Judges.


HAMILTON, Circuit Judge.

Defendant-appellant Safety National Casualty Corporation ("Safety National") sold an excess liability insurance coverage policy to plaintiff-appellee TKK USA, Inc., which was formerly known as The Thermos Company. The policy covered excess losses resulting from liability imposed on TKK "by the Workers' Compensation or Employers' Liability Laws" of Illinois. The central issue in these appeals is whether the policy covers TKK's costs to

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