John Burrows This is Me

 Web References

1. 1. GIANT EAGLE, Plaintiff v. FEDERAL INSURANCE COMPANY

   www.marcus-shapira.com/html/g_ - [Cached]

   Published on: 4/1/1995   Last Visited: 12/26/2006

   On two occasions, once in April 1992 and the other in May 1992, HRH made a written request for clarification of the endorsement from John Burrows, the Federal manager responsible for the Giant Eagle and Phar-Mor policies.
   ...
   The only evidence Federal adduced at trial to support its contention was the testimony of John Burrows. Burrows testified that, in the negotiations between Federal and Giant Eagle, the concepts of "capping of limits, non-pyramiding of limits" were discussed. Burrows stated at trial that the parties agreed that Federal would write separate policies of $ 20 million for Giant Eagle and Phar-Mor, but that there would be a single limit of liability of $ 20 million under both policies for common or related claims.
   ...
   There is no evidence, other than the less than impressive testimony of Burrows, that the parties agreed to cap the limit between the two policies to $ 20 million on claims related to Phar-Mor. n7 And even if we were to accept Burrow's testimony that Federal intended, through Endorsement No. 2, to cap the limit between the policies at $ 20 million, a proposition that is belied by Nelson's testimony, there is no evidence to establish that Giant Eagle, either through Stanish or HRH, ever agreed to such a limitation.
   ...
   n8 Although Burrows testified that it was the position of Federal that the Giant Eagle directors and officers would be covered under the Phar-Mor policy, there is no provision in that policy which either requires or allows Federal to take such position.