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Citizens Insurance Company of America v. Mullins Food Products, Inc.
24-1524
7th Cir.
May 23, 2025
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Docket

*1 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.

O R D E R 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

Case Details

Case Name: Citizens Insurance Company of America v. Mullins Food Products, Inc.
Court Name: Court of Appeals for the Seventh Circuit
Date Published: May 23, 2025
Docket Number: 24-1524
Court Abbreviation: 7th Cir.
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