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PHILADELPHIA INDEM. INS. CO. v. CHICAGO TITLE INS.

Nos. 12-2525, 12-2612, 12-2691.

771 F.3d 391 (2014)

PHILADELPHIA INDEMNITY INSURANCE COMPANY, Plaintiff-Appellee/Cross-Appellant, v. CHICAGO TITLE INSURANCE COMPANY, Defendant-Cross-Claim Plaintiff-Appellant/Cross-Appellee, v. Western Capital Partners LLC, Defendant-Cross-Claim Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided November 13, 2014.

Attorney(s) appearing for the Case

Scott L. Howie , Richard M. Waris , Attorneys, Pretzel & Stouffer, Chartered, Chicago, IL, for Plaintiff-Appellee for docket no. 12-2525.

J. Timothy Eaton , Attorney, Taft Stettinius & Hollister LLP, Chicago, IL, for Defendant-Appellant Chicago Title Insurance Company for docket nos. 12-2525, 12-2612 and 12-2691.

John C. Martin , Attorney, Chicago, IL, Brian T. Ray , Hatch Ray Olsen Sandberg LLC, Denver, CO, for Defendant-Appellee Western Capital Partners LLC for docket no. 12-2525.

Ronald A. Damashek , Attorney, Stahl Cowen Crowley & Addis, Chicago, IL, for Amicus Curiae for docket nos. 12-2525, 12-2612 and 12-2691.

Robert M. Chemers , Scott L. Howie , Attorneys, Pretzel & Stouffer, Chartered, Chicago, IL. for Plaintiff-Appellee for docket no. 12-2612.

Robert W. Hatch, II , Brian T. Ray , Attorneys, Hatch Ray Olsen Sandberg LLC, Denver, CO, for Plaintiff-Appellant for docket no. 12-2691.

Before FLAUM, ROVNER, and SYKES, Circuit Judges.

SYKES, Circuit Judge.

This insurance dispute is governed by Illinois law and raises a question of first impression in that state: May a title insurer contractually limit its duty to defend its insured to claims or causes of action specifically covered by its policy?

The question arises in complex coverage litigation between Philadelphia Indemnity Insurance Company, a general liability carrier; Chicago Title Insurance Company, a title insurer; and Western Capital...

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