LOCKWOOD INTERN., B.V. v. VOLM BAG CO., INC.

No. 01-1275.

273 F.3d 741 (2001)

LOCKWOOD INTERNATIONAL, B.V. and Lockwood Engineering, B.V., Plaintiffs, and North River Insurance Company and Fidelity and Guaranty Insurance Company, Intervening Plaintiffs-Appellees, v. VOLM BAG COMPANY, INC., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided December 6, 2001.

Rehearing Denied January 11, 2002.


Attorney(s) appearing for the Case

Robert L. Gegios, Kohner, Mann & Kailas, Milwaukee, WI, David A. Gauntlett (argued), Gauntlett & Associates, Irvine, CA, for Defendant-Appellant.

Jeffrey A. Schmeckpeper (argued), Kasdorf, Lewis & Swietlik, Milwaukee, WI, Susan R. Tyndall, CMT Legal Group, LTD, Waukesha, WI, for Intervenors-Appellees.

Before FLAUM, Chief Judge, and POSNER and MANION, Circuit Judges.


POSNER, Circuit Judge.

This diversity suit, based on Wisconsin law, presents a novel but potentially quite important issue of insurance law: whether a liability insurer, asked to defend (or pay the defense costs in) a suit against its insured that contains some claims that are covered by the insurance policy and others that are not, can limit its responsibility to defend by paying the plaintiff in the liability suit to replead the covered claims as uncovered claims...

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