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VALENTINE v. LIBERTY MUT. INS. CO.

No. 78-1062.

620 F.2d 583 (1980)

Geoffrey Raymond Peter Norman VALENTINE, on behalf of himself, as one of the Underwriters, and on behalf of certain other Underwriters at Lloyd's of London, Subscribing to Policy No. CX 0864, and Andrew Weir Insurance Ltd., as Assignees and/or Subrogees of Montgomery Elevator Company, a Foreign Corporation, Plaintiffs-Appellants, v. LIBERTY MUTUAL INSURANCE COMPANY, a Foreign Corporation, Robert B. Campbell, and Johnson, Campbell & Moesta, P. C., a Michigan professional corporation, jointly and severally, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided May 6, 1980.

Attorney(s) appearing for the Case

William D. Booth, Jeanette A. Paskin, Plunkett, Cooney, Rutt, Watters, Stanczyk & Pedersen, Detroit, Mich., Malcolm B. Rosow, Standard, Weisberg, Heckerling & Rosow, New York City, for plaintiffs-appellants.

G. Cameron Buchanan, Buchanan, Ogne & Jinks, Frederick Ecclestone, Troy, Mich., for Liberty Mut. Ins. Co.

Ralph F. Valitutti, Jr., Richard A. Kitch, Kitch & Suhrheinrich, Harry J. Sherbrook, Detroit, Mich., for Campbell.

Before WEICK and BROWN, Circuit Judges, and PECK, Senior Circuit Judge.

BAILEY BROWN, Circuit Judge.

Appellants, Lloyd's of London and Andrew Weir Insurance Ltd. (Lloyd's), excess liability insurance carrier and equitable subrogee and assignee of Montgomery Elevator Company (Montgomery), filed this action in the United States District Court for the Eastern District of Michigan, Southern Division, to recover an amount paid by Lloyd's in excess of Montgomery's primary coverage as a result of a...

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