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FORTNEY & WEYGANDT v. AMERICAN MFRS. MUT. INS.

No. 05-4031.

595 F.3d 308 (2010)

FORTNEY & WEYGANDT, INC., Plaintiff-Appellant, v. AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY; American Motorists Insurance Company; Lumbermens Mutual Casualty Insurance Company, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 12, 2010.

Attorney(s) appearing for the Case

ARGUED: Michael L. Fortney, Fortney & Klingshirn, Akron, Ohio, for Appellant. Kathleen A. Sweitzer, Tressler, Soderstrom, Maloney & Priess, LLP, Chicago, Illinois, for Appellees. ON BRIEF: Michael L. Fortney, Joseph R. Spoonster III, Fortney & Klingshirn, Akron, Ohio, for Appellant. Kathleen A. Sweitzer, Mark T. Banovetz, Tressler, Soderstrom, Maloney & Priess, LLP, Chicago, Illinois, Brian D. Sullivan, Reminger Co., LPA, Cleveland, Ohio, for Appellees.

Before: GUY, CLAY, and KETHLEDGE, Circuit Judges.

OPINION

KETHLEDGE, Circuit Judge.

General contractor Fortney & Weygandt, Inc. ("Fortney") appeals the district court's decision that its insurers—defendants American Manufacturers Mutual Insurance Company, American Motorists Insurance Company, and Lumbermens Mutual Casualty Insurance Company (collectively, "AMICO")—had no duty to defend Fortney in third-party litigation arising out of a construction dispute. The district court held that...

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