Legal Opinion

Livingston v. Trustgard Insurance

District Court, N.D. Illinois

Decided October 25, 2013No. Case No. 13 C 2166PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OPINION & ORDER

JOAN B. GOTTSCHALL, United States District Judge

Plaintiff Bruce Livingston has an under-insured motorist insurance policy with defendant Trustgard Insurance Company. The policy includes an exhaustion clause, which provides that Trustgard will pay Mr. Livingston only after he exhausts “any” other applicable insurance policies. Mr. Livingston has filed this action against Trustgard, contending that the exhaustion clause has been satisfied because he has exhausted one of the two applicable insurance policies. Trustgard has moved for judgment on the pleadings, contending…

2Cases cited19 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Buchanan-Moore v. County of MilwaukeeCourt of Appeals for the Seventh Circuit · 2009
  3. Outboard Marine Corp. v. Liberty Mutual InsuranceIllinois Supreme Court · 1992
  4. Pisciotta v. Old National BancorpCourt of Appeals for the Seventh Circuit · 2007
  5. Quake Construction, Inc. v. American Airlines, Inc.Illinois Supreme Court · 1990

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3Cited by1 opinion

  1. DEFRANK v. SAMSUNG ELECTRONICS AMERICA, INC.District Court, D. New Jersey · 2020

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