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Robert J. Franco and Scott Reed Win U.S. Court of Appeals Insurance Coverage Case.
Franco Moroney Buenik is a Chicago based law firm with a national reputation for excellence in civil litigation. We are renowned for our zealous advocacy and problem solving ability. We are committed to providing practical legal solutions in a cost-conscious manner. We understand our actions define us and our results speak for themselves.
Legal Analysis
In Great West Casualty Company v. Nationwide Agribusiness Insurance Company, the U.S. Court of Appeals for the Seventh Circuit considered priority of coverage between two insurers for indemnity for an underlying wrongful death vehicle collision case arising out of the operation of a tractor-trailer. The court, affirming the District Court’s summary judgment ruling, reviewed “other insurance“ clause language and concluded that both insurers were co-excess insurers, sharing responsibility for indemnity on a pro rata by limits basis. The court rejected the trailer insurer’s argument that “leasing“ the trailer was not “hiring“ or “borrowing” it, and it also found that an agreement between the tractor operator and the trailer owner was not an “insured contract“ because the tractor operator did not agree to indemnify the trailer owner for the owner’s negligence.