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CERTAIN UNDERWRITERS v. ABBOTT LABORATORIES

Nos. 1-13-2020, 1-13-2035.

16 N.E.3d 747 (2014)

CERTAIN UNDERWRITERS AT LLOYD'S, LONDON, Subscribing to Policy Number 548/NS3003500; Certain Underwriters at Lloyd's, London, Subscribing to Policy Number 548/ NS3003700; Underwriters at Lloyd's, London, Subscribing to Policy Number 769/009020; and Underwriters at Lloyd's, London, Subscribing to Certificate Number MPT-00144300; Plaintiffs and Counterdefendants-Appellants and Cross-Appellees, v. ABBOTT LABORATORIES, Defendant and Counterplaintiff-Appellee and Cross-Appellant.

Appellate Court of Illinois, First District, First Division.

July 28, 2014.

Attorney(s) appearing for the Case

Forde Law Offices LLP ( Kevin M. Forde and Joanne R. Driscoll , of counsel), Shefsky & Froelich Ltd. ( J. Timothy Eaton and Jonathan Amarilio , of counsel), and Richard J. Prendergast, Ltd. ( Richard J. Prendergast , of counsel), all of Chicago, for appellants.

Tabet DiVito & Rothstein LLC ( Gino L. DiVito and John M. Fitzgerald , of counsel) and Winston & Strawn LLP ( Lawrence R. Desideri , Stephen V. D'Amore , Neil M. Murphy , and Matthew R. Carter , of counsel), both of Chicago, for appellee.

OPINION

Justice DELORT delivered the judgment of the court, with opinion.

¶ 1 This case involves who should bear the cost of the Italian government's recall of a prescription drug: the insured or the insurer. The plaintiffs are various underwriters subscribing to certain insurance policies and certificates (the Underwriters). They sued Abbott Laboratories (Abbott) to rescind policies that they had issued to Abbott. Abbott counterclaimed, seeking (1...

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