LANDMARK AMERICAN INS CO v. DEERFIELD CONSTRUCTION

No. 18-2205.

933 F.3d 806 (2019)

LANDMARK AMERICAN INSURANCE COMPANY, Plaintiff-Appellee, v. DEERFIELD CONSTRUCTION, INC., and Shawn Graff, Defendants/Third Party Plaintiffs-Appellants, v. Arthur J. Gallagher Risk Management Services, Inc., Third Party Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 12, 2019.


Attorney(s) appearing for the Case

Jeremy S. Macklin , Attorney, Mark F. Wolfe , Attorney, Traub Lieberman Straus & Shrewsberry, Chicago, IL, for Plaintiff-Appellee.

Patrick Reed Boland , Attorney, Jennifer Linda Friedland , Attorney, Momkus LLC, Lisle, IL, for Defendants-Appellants Deerfield Construction, Inc., Shawn Graff.

Joyce F. Noyes , Attorney, Scott Taylor Stirling , Attorney, Walker Wilcox Matousek LLP, Chicago, IL, for Defendant-Appellee Arthur J. Gallagher Risk Management Services, Inc.

Before Wood, Chief Judge, and Bauer and Easterbrook, Circuit Judges.


The question in this case is a simple one: who must cover certain costs arising from an automobile accident involving an employee of Deerfield Construction, Inc.: Deerfield, or its excess insurer, Landmark American Insurance Company? Deerfield's primary insurer was on the hook for the first $1 million, and in principle, Landmark...

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