Legal Opinion

Lexmark International, Inc. v. Transportation Insurance

Appellate Court of Illinois

Decided December 19, 2001No. 1-01-0719, 1-01-0962 consPublishedCited by 76 opinions

1Opinion of the CourtJustice Wolfson

The question before us is whether two insurance companies had a contractual duty to defend their insured in underlying causes of action. To answer that question we have to test the tensile strength of factual allegations of the complaints filed against the insured in California and Kentucky courts.

INTRODUCTION

In December 1999, plaintiff Lexmark International, Inc. (Lexmark), filed a second amended complaint for declaratory judgment against defendants Transportation Insurance Company (Transportation) and American Motorists Insurance Company (AMIGO) (collectively, the Insurers) seeking a…

2Cases cited28 opinions

  1. Outboard Marine Corp. v. Liberty Mutual InsuranceIllinois Supreme Court · 1992
  2. Two Pesos, Inc. v. Taco Cabana, Inc.Supreme Court of the United States · 1992
  3. Crum & Forster Managers Corp. v. Resolution Trust Corp.Illinois Supreme Court · 1993
  4. United States Fidelity & Guaranty Co. v. Wilkin Insulation Co.Illinois Supreme Court · 1991
  5. John H. Harland Company, Cross-Appellant v. Clarke Checks, Inc., Cross-AppelleeCourt of Appeals for the Eleventh Circuit · 1983

23 more not listed; retrieve them via the Exa API.

3Cited by76 opinions

  1. Santa's Best Craft, LLC v. St. Paul Fire & Marine InsuranceCourt of Appeals for the Seventh Circuit · 2010
  2. Health Care Industry Liability Insurance Program v. Momence Meadows Nursing Center, Inc.Court of Appeals for the Seventh Circuit · 2009
  3. Steadfast Insurance v. Caremark RX, Inc.Appellate Court of Illinois · 2005
  4. Western Capital Partners, LLC v. Chicago Title Insurance CompaCourt of Appeals for the Seventh Circuit · 2014
  5. Selective Insurance Co. of South Carolina v. Target Corp.Court of Appeals for the Seventh Circuit · 2016

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