United States Seventh Circuit

In a suit involving issues of excess liability insurance coverage for a manufacturer of water heater components, judgment for defendant-manufacturer is reversed and remanded in order to determine: 1) what proportion of the business losses attributable to property damage resulting from the failure of defendant's component was covered by the intervenor's policy; and 2) what level of damage defendant expected to occur as a result of its knowing misrepresentation of the quality of its components.

Appellate Information

• Decided 01/15/2008
• Published 01/15/2008

Judges

• POSNER, Circuit Judge., Before POSNER, FLAUM, and WOOD, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Michael J. Duffy, Tressler, Soderstrom, Maloney & Priess, Chicago, IL, for Plaintiff., Stephen R. Swofford (argued), Christine Olson McTigue, Hinshaw & Culbertson, Chicago, IL, for Intervenor-Appellant.


• For Appellees:
  
• Steve A. Bryant (argued), Bryant & Associates, Houston, TX, for Defendants-Appellees.