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Civil Procedure Keyed to Cross
Layne Christensen Co. v. Zurich Canada
Citation:
30 Kan.App.2d 128 (2002)Facts
In 1995, Layne Christensen Co., a United States company, bought Elgin Exploration Co., a Canadian company (Plaintiffs). Plaintiffs were covered by three automobile insurance policies from Zurich Canada, TIG Insurance, and Reliance National Indemnity Co. (Defendants). In 1996, Plaintiff was working on a project in California, and an employee driving a truck struck a six-year-old. The child and his mother filed suit in California against Plaintiffs and settled for $2 million United States dollars. All three Defendants contributed to the settlement, Zurich paying $2 million in Canadian dollars. Plaintiffs then brought a claim for declaratory judgment against Defendants, arguing Zurich’s policy covered the full settlement amount in United States dollars. All parties filed motions for summary judgment.
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