Legal Opinion

Zurich Insurance Company, Plaintiff-Counterdefendant-Appellee v. The Heil Company, Defendant-Counterplaintiff-Appellant

Court of Appeals for the Seventh Circuit

Decided April 6, 1987No. 86-1417PublishedCited by 38 opinions

1Opinion of the Court

RIPPLE, Circuit Judge.

In this diversity case, Zurich Insurance Company (Zurich) filed a complaint seeking a declaratory judgment against The Heil Insurance Company (Heil) to determine which party, the insured or the excess liability insurer, bears the risk of a primary insurer becoming insolvent. The district court, granting Zurich’s motion for judgment on the pleadings, found that the insured bears that risk. We affirm.

I

Facts

The facts in this case are undisputed. Zurich issued Heil four one-year commercial umbrella liability insurance policies providing coverage from 1978-1982 for personal…

2Cases cited17 opinions

  1. Reserve Insurance Co. v. PisciottaCalifornia Supreme Court · 1982
  2. Kremers-Urban Co. v. American Employers Insurance Co.Wisconsin Supreme Court · 1984
  3. United States Fire Insurance v. SchnackenbergIllinois Supreme Court · 1981
  4. International Administrators, Inc. And Sheldon Harrison v. Life Insurance Company of North AmericaCourt of Appeals for the Seventh Circuit · 1985
  5. Mission National Insurance Company v. Duke Transportation Company, Inc., Duke Transportation, Inc. v. Mission National Insurance CompanyCourt of Appeals for the Fifth Circuit · 1986

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

3Cited by38 opinions

  1. Premcor Usa, Inc., and the Premcor Refining Group, Inc. v. American Home Assurance CompanyCourt of Appeals for the Seventh Circuit · 2005
  2. Interco Incorporated v. National Surety Corporation Federal Insurance CompanyCourt of Appeals for the Eighth Circuit · 1990
  3. Clara Shapiro, Individually and in Her Capacity as Personal Representative of the Estate of Irving Shapiro, Deceased v. Associated International Insurance Company, a Foreign Corporation, the California Club, Inc., a Florida Corporation, Plaintiff/counter-Defendant-Appellant v. Associated International Insurance Company, a California Corporation, Defendant-Counter-Plaintiff-AppelleeCourt of Appeals for the Eleventh Circuit · 1990
  4. Seaway Port Authority of Duluth v. Midland Insurance Co.Court of Appeals of Minnesota · 1988
  5. Alabama Ins. Guar. Ass'n v. Magic City Trucking Service, Inc.Supreme Court of Alabama · 1989

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