United States Seventh Circuit

In cross-claims by defendant-insurers over which of them owed indemnification under excess insurance policies for a judgment against plaintiff in state court, dismissal of defendant-first insurer's claims and summary judgment for defendants-second and third insurers are affirmed where: 1) defendant-first insurer assumed plaintiff's defense when it selected and paid for plaintiff's counsel; 2) the law of the states shown in the record to have the most significant contacts with defendant-first insurer's policy required an insurer who agrees to pay "all interest" accruing after entry of judgment to pay the interest accrued on the entire judgment; and 3) post-judgment interest was properly determined not to be included in the general coverage sections of the policies issued by defendants.

Appellate Information

• Argued 05/08/2008
• Decided 09/12/2008
• Published 09/12/2008

Judges

• MANION, Circuit Judge., Before MANION, EVANS, and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Jeffrey O. Davis, Quarles & Brady, Milwaukee, WI, for Plaintiff.


• For Appellees:
  
• Matthew J. Fink (argued), Bates & Carey, Chicago, IL, for Defendant, Cross Plaintiff-Appellant., Thomas A. Gilligan, Jr. (argued), Murnane Brandt, St. Paul, MN, Todd S. Schenk (argued), Tressler, Soderstrom, Maloney & Priess, Chicago, IL, for Defendants, Cross Defendants-Appellees.