Legal Opinion

Insurance Company of the West v. County of McHenry Indeck-Pleasant Valley, Llc, and Indeck Operations, Inc.

Court of Appeals for the Seventh Circuit

Decided May 13, 2003No. 02-3275PublishedCited by 16 opinions

1Opinion of the Court

FLAUM, Chief Judge.

Insurance Company of the West (“ICW”) brought this action in federal district court seeking a declaration that it had no duty to defend and no duty to indemnify its insured, the County of McHenry (“County”), against an underlying lawsuit filed in Illinois state court by Indeck-Pleasant Valley, LLC, and Indeck Operations, Inc. (collectively “Indeck”). The district court dismissed ICW’s claims for want of subject matter jurisdiction because the issue of ICW’s duty to defend was not actually in controversy under the terms of the insurance policy, and because the issue of ICW’s…

2Cases cited4 opinions

  1. Crowley Cutlery Company v. United States of America and Commissioner of Customs of the United States Customs ServiceCourt of Appeals for the Seventh Circuit · 1988
  2. Grove Fresh Distributors, Inc. v. John Labatt, Ltd. And American Citrus Products Corp., Appeal Of: John P. MessinaCourt of Appeals for the Seventh Circuit · 2002
  3. Sandra Pokuta v. Trans World Airlines, IncorporatedCourt of Appeals for the Seventh Circuit · 1999
  4. Charles Collins v. Educational Therapy CenterCourt of Appeals for the Seventh Circuit · 1999

3Cited by16 opinions

  1. Alternative System Concepts, Inc. v. Synopsys, Inc.Court of Appeals for the First Circuit · 2004
  2. Angelita Greviskes v. Universities Research Association, Incorporated, Doing Business as Fermilab and Fermilab Nal/uraCourt of Appeals for the Seventh Circuit · 2005
  3. Wiese v. Appeal of Community Bank of Central WisconsinCourt of Appeals for the Seventh Circuit · 2009
  4. Richard Bell v. Vacuforce, LLCCourt of Appeals for the Seventh Circuit · 2018
  5. Minnesota Life Insurance v. KaganCourt of Appeals for the Seventh Circuit · 2013

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