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LIBERTY MUTUAL FIRE INS. CO. v. STATEWIDE INS. CO.

No. 03-2003.

352 F.3d 1098 (2003)

LIBERTY MUTUAL FIRE INSURANCE COMPANY, a Massachusetts mutual insurance company, individually and as subrogee of Principle Construction Corp. and Arlington Structural Steel Co., Inc., Plaintiff-Appellant, v. STATEWIDE INSURANCE COMPANY, an Illinois stock insurance company, and Patrick C. Bond, a disabled person, by and through his father and guardian, Patrick S. Bond, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided December 10, 2003.

Attorney(s) appearing for the Case

Joseph P. Postel (argued), Meachum, Spahr, Cozzi, Postel, Zenz & Matyas, Chicago, IL, for Plaintiff-Appellant.

Panos T. Topalis, David M. Lewin (argued), Tribler, Orpett & Meyer, Louis C. Cairo, Goldberg, Weisman & Cairo, Chicago, IL, for Defendants-Appellees.

Before POSNER, DIANE P. WOOD, and EVANS, Circuit Judges.

EVANS, Circuit Judge.

Liberty Mutual Fire Insurance Company filed this action pursuant to the district court's diversity jurisdiction, 28 U.S.C. § 1332, seeking a declaratory judgment that Statewide Insurance Company is obligated to defend and indemnify two companies Liberty defended in a personal injury lawsuit. The district court considered cross-motions for summary judgment and granted judgment for Statewide. Liberty appeals.

Liberty's insured, Principle...

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