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UP v. LLOYD'S LONDON UNDERWRITERS

No. 22931.

771 N.W.2d 611 (2009)

2009 SD 70

UNION PACIFIC RAILROAD as Successor-In-Interest to the Chicago and North Western Railway Company, Plaintiff and Appellant, v. CERTAIN UNDERWRITERS AT LLOYD'S LONDON, et al., Including Continental Casualty Co., Defendants and Appellees.

Supreme Court of South Dakota.

Decided August 5, 2009.

Attorney(s) appearing for the Case

Arlo D. Sommervold, Sommervold Law Firm, Sioux Falls, South Dakota, Richard J. Gray, Timothy M. Burns, Zachary V. Moen, Jenner & Block, LLC, Chicago, Illinois, Attorneys for plaintiff and appellant.

Charles M. Thompson, May, Adam, Gerdes, & Thompson, LLP, Pierre, South Dakota, Alicia J. Barton, Kevin M. Murphy, Colliau Elenius Murphy Carluccio, Keener & Morrow, Dallas, Texas, Attorneys for defendants and appellees.

VON WALD, Circuit Judge.

[¶ 1.] Union Pacific Railroad (UP) brought suit seeking recovery from its insurance carrier for the cleanup of a contaminated site located in Huron, South Dakota. Continental Insurance Company (Continental) moved for summary judgment on the grounds that the railroad did not provide timely notice of the loss and that Illinois law governed, under which to prevail the insurer is not required to show the untimely notice caused prejudice....

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