7th Circuit Requires Insurance Company To Cross-Appeal Effort To Expand Rights

Pacific Insurance Co. defended an appeal of partial summary judgment. Pacific, as appellee, raised three gripes with the judgment. But Pacific did not file a cross-appeal. Pacific argued that the 7th Circuit could consider the arguments on the theory that the appellate court can affirm the district court on any ground supported by the record. The appellate court refused to consider Pacific’s positions because ruling in Pacific’s favor would have enlarged its rights under the judgment entered by the trial court. To accomplish that, Pacific was required to have filed a cross-appeal.

Get the whole case, Illinois School District Agency v. Pacific Insurance Co., No. 04-4147, 05-1271 (12/5/06), by clicking here.