Legal Opinion

Northbrook Excess & Surplus Insurance v. Procter & Gamble Co.

Court of Appeals for the Seventh Circuit

Decided January 4, 1991No. Nos. 89-2506, 89-3128PublishedCited by 5 opinions

1Opinion of the Court

RIPPLE, Gircuit Judge.

This diversity case presents a question of Ohio law. An insurance company and its insured dispute the amount of coverage afforded under an insurance policy. The controversy turns on whether the policy’s deductible amount was $1 million or $10 million. A jury determined the deductible was $10 million. The district court entered judgment based on that verdict and awarded the insurance company costs as the prevailing party. The insured filed a timely appeal. For the following reasons, we affirm the judgment of the district court, except for its ruling that expenses incurred…

2Cases cited46 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Hensley v. EckerhartSupreme Court of the United States · 1983
  3. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  4. Texas State Teachers Ass'n v. Garland Independent School DistrictSupreme Court of the United States · 1989
  5. Crawford Fitting Co. v. J. T. Gibbons, Inc.Supreme Court of the United States · 1987

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3Cited by5 opinions

  1. Northbrook Excess and Surplus Insurance Company v. Procter & Gamble Company, Procter & Gamble Manufacturing Company and Procter & Gamble Distributing Company, Defendants-Counterclaimants-Appellants v. Commercial Union Insurance Company and American Employers Insurance Company, CounterclaimCourt of Appeals for the Seventh Circuit · 1991
  2. Dallas McKain v. Kenneth Bisson, M.D.Court of Appeals for the Seventh Circuit · 1993
  3. Park-Ohio Industries, Inc. v. Home Indemnity Co.District Court, N.D. Ohio · 1991
  4. Lehmann v. UNUM Life Insurance Co. of AmericaDistrict Court, E.D. Wisconsin · 1996
  5. FLACCUS v. ADVANCED DISPOSAL SERVICES, INC.District Court, E.D. Pennsylvania · 2019

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