Burlington Northern Railroad v. Illinois Emcasco Insurance

Plaintiffs, Burlington Northern Railroad Company (Burlington), Donald R. McCrystal, and Robert R. Conway, appeal from the trial court’s order in a declaratory judgment action granting defendant Illinois Emcasco Insurance Company’s (Emcasco’s) motion for judgment on the pleadings and denying plaintiffs’ summary judgment motion. The trial court specifically found that Emcasco had no duty to defend and was not estopped from denying coverage in connection with an underlying wrongful death action.

The record reveals that on August 25, 1982, á young woman, Anh Van Nguyen, was struck and killed by a…