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LIBERTY MUT. INS. CO. v. AMERICAN HOME ASSUR. CO.

No. 02 C 4314.

348 F.Supp.2d 940 (2004)

LIBERTY MUTUAL INSURANCE COMPANY, Plaintiff, v. AMERICAN HOME ASSURANCE COMPANY, Defendant.

United States District Court, N.D. Illinois, Eastern Division.

December 22, 2004.

Attorney(s) appearing for the Case

Terry D. Weissman, Timothy P. Mahohey, Neal, Gerber & Eisenberg, LLP, Chicago, IL, Counsel for Plaintiff.

Matthew J. Fink, Richard H. Nicolaides, Jr., Bates & Carey LLP, Chicago, IL, Counsel for Defendant.

MEMORANDUM OPINION AND ORDER

MORTON DENLOW, United States Magistrate Judge.

In a matter of first impression, this Court is tasked with determining whether Illinois law imposes a duty to settle upon one lower-tiered excess insurer to another higher-tiered excess insurer. In 2002, following a collision between a freight train and an automobile, a jury awarded three plaintiffs over $54 million against the Illinois Central Railroad Company ("Illinois...

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