United States Seventh Circuit

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Rockwell Automation, Inc. v. Nat'l Union Fire Ins. Co., 07-2848

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.
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