Citizens Insurance Company of America v. Mullins Food Products, Inc.

U.S. Court of Appeals for the Seventh Circuit

Citizens Insurance Company of America v. Mullins Food Products, Inc.

Opinion

                United States Court of Appeals
                                 For the Seventh Circuit
                                 Chicago, Illinois 60604

                                      May 23, 2025

                                          Before

                   ILANA DIAMOND ROVNER, Circuit Judge

                   MICHAEL B. BRENNAN, Circuit Judge

                   JOSHUA P. KOLAR, Circuit Judge


No. 24-1524

CITIZENS INSURANCE COMPANY                         Appeal from the United States District Court
OF AMERICA,                                        for the Northern District of Illinois,
      Plaintiff-Appellee,                          Eastern Division.

       v.                                          No. 1:22-cv-01334

MULLINS FOOD PRODUCTS, INC.,                       Jorge L. Alonso,
    Defendant-Appellant.                           Judge.

ORDER

      Plaintiff-Appellee, Citizens Insurance Company of America, filed a Petition for
Rehearing on May 16, 2025. All members of the panel have voted to deny rehearing but
to amend the opinion dated May 2, 2025, as follows:
     At page 2, first full paragraph, three lines from the bottom of the paragraph,
immediately before the word “indemnify,” insert the words “potentially to”;
     At page 14, last paragraph, fourth line, again insert the words “potentially to”
immediately before “indemnify”;
      At page 21, in the first and only paragraph of the main text, lines 5-6, replace
“must also” with “may potentially be required to”;
No. 24-1524                                                                        Page 2

       At page 21, at the end of the same paragraph, insert the following sentence: “The
duty to indemnify Mullins has not been briefed in this appeal and remains to be sorted
out on remand.”
       At page 32, four lines from the bottom of the paragraph, insert the following
sentence immediately prior to the sentence beginning “We therefore VACATE . . .”:
“Also in the event the district court determines that timely notice was given to Citizens,
the district court must resolve whether Citizens has a duty to indemnify Mullins.”
      The Petition for Rehearing is DENIED


Reference

Status
Published