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ZURICH INS. CO. v. RAYMARK INDUSTRIES, INC.

Nos. 85-112, 85-129, 85-131 cons.

144 Ill. App.3d 943 (1986)

494 N.E.2d 630

ZURICH INSURANCE COMPANY, Plaintiff-Appellee, v. RAYMARK INDUSTRIES, INC., Defendant-Appellee (Northbrook Excess and Surplus Insurance Company, Intervening Plaintiff; Federal Insurance Company et al., Defendants-Appellants).

Appellate Court of Illinois — First District (1st Division).

Opinion filed May 27, 1986.

Attorney(s) appearing for the Case

Pretzel & Stouffer, Chartered, of Chicago (Robert Marc Chemers, Michael J. Merlo, and Mark C. Amador, of counsel), for appellant American Home Assurance Company.

Robert D. Kolar & Associates, Ltd., of Chicago (John R. Fanone and Robert D. Kolar, of counsel), for appellant American Centennial Insurance Company.

Rooks, Pitts, & Poust, of Chicago (Terrence E. Kiwala, of Chicago, and Hogan & Hartson, of Washington, D.C., of counsel), for appellant First State Insurance Company.

Peterson, Ross, Schloerb & Seidel, of Chicago (Michael M. Lane and Richard R. Ryan, of Chicago, and White & Case, of New York, New York, of counsel), for appellant Federal Insurance Company.

Bell, Boyd & Lloyd, of Chicago, for appellee Raymark Industries, Inc.

Keck, Mahin & Cate and Thaddeus S. Snell, both of Chicago, for amicus curiae United States Gypsum Company.

Cause remanded.

PRESIDING JUSTICE BUCKLEY delivered the opinion of the court:

In these three consolidated interlocutory appeals, three excess insurers of Raymark Industries, Inc., challenge the trial court's decision to join them as necessary parties in a declaratory judgment action. Review has been granted pursuant to Supreme Court Rule 308 (87 Ill.2d R. 308).

Raymark Industries, Inc., formerly Rabestos-Manhatten, Inc., has been named as a defendant...

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