Hartford Insurance Group v. Gulf Insurance

837 F. 2d 767 (7th Cir. 1988)

Tender of defense by insured required for estoppel.

Following its settlement of wrongful death action by estate of falling tree victim, city’s insurer sought declaration that city forestry contractor’s insurer was obligated for indemnification or contribution toward sums paid on city’s behalf. The District Court granted summary judgment for city’s insurer. On appeal, the Court of Appeals, Cudahy, Circuit Judge, 776 F.2d 1380, reversed and remanded. On remand, the United States District Court for the Central District of Illinois, Michael M. Mihm, J., granted summary judgment for contractor’s insurer. On appeal, the Court of Appeals, Manion, Circuit Judge, held that city’s insurer should have been permitted to reopen case to prove that city had adequately tendered defense in wrongful death action to contractor’s insurer, and case would be remanded for that limited purpose.  Read More

"The law is not an inflexible structure whose walls restrain progress. Rather, it needs to be nudged molded and shaped. An able advocate best represents his client by convincing the Courts of that fact."

John E. Cassidy. Sr. (1896-1984)
Firm Founder Illinois Attorney General (1938-1940)