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BANKERS TRUST CO. v. OLD REPUBLIC INS. CO.

No. 87 C 7853.

697 F.Supp. 1483 (1988)

BANKERS TRUST COMPANY, Plaintiff, v. OLD REPUBLIC INSURANCE COMPANY, a Pennsylvania corporation, and Chicago Underwriting Group, Inc., a Delaware corporation, and Employers Insurance of Wausau, a Mutual Company, a Wisconsin corporation, and Lee Keeling & Associates, an Oklahoma corporation, Defendants. EMPLOYERS INSURANCE OF WAUSAU, a Mutual Company, Cross-plaintiff, v. LEE KEELING & ASSOCIATES, INC., an Oklahoma corporation, Cross-defendant.

United States District Court, N.D. Illinois, E.D.

October 25, 1988.

Attorney(s) appearing for the Case

Gerald G. Saltarelli, Robert N. Hermes, Butler Rubin Newcomer Saltarelli & Boyd, Chicago Ill., White & Case, New York City, for plaintiff.

Richard A. Devine, Bruce R. Meckler, Michael M. Marick, Phelan Pope & John, Chicago Ill., for Old Republic Ins. Co.

Robert J. Lepri, Trizna & Lepri, Chicago Ill., Richard T. Sonberg, Tulsa Okla., for Lee Keeling & Associates, Inc.

Michael E. Dowd, Brian A. Frankl, Dowd & Dowd, Chicago Ill., for defendant and cross-plaintiff Employers Insurance of Wausau.

MEMORANDUM AND ORDER

MORAN, District Judge.

The dispute in this case concerns a potential insurance claim under two separate professional liability policies. Plaintiff Bankers Trust Company ("Bankers") seeks a declaratory judgment that one of two insurance companies — Old Republic (with its management company, Chicago Underwriting Group) or Employers Insurance of Wausau ("Wausau") — will be liable on excess liability policies issued to Lee...

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