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SECURA INS. v. HORIZON PLUMBING, INC.

No. 11-2427.

670 F.3d 857 (2012)

SECURA INSURANCE, a Wisconsin Mutual Insurance Company, Plaintiff-Appellee, v. HORIZON PLUMBING, INC., a Kansas Corporation, Defendant, Weitz Company, LLC, an Iowa Limited Liability Company, Defendant-Appellant, MH Metropolitan, LLC, a Colorado Limited Liability Company, Defendant, State Auto Property & Casualty Insurance Company, an Ohio Insuring Company; Federated Mutual Insurance Company, a Minnesota Mutual Insurance Company, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: March 5, 2012.

Attorney(s) appearing for the Case

Roy Bash, argued, Kansas City, MO, Andrew M. DeMarea and Jay E. Heidrick, on the brief, Overland Park, KS, for appellant.

David Ahlheim, argued, Craig R. Klotz, on the brief, St. Louis, MO, for appellee State Auto Property & Casualty Insurance Co.

Thomas Crouch, argued, Scottsdale, AZ, Wyatt M. Bailey, Scottsdale, AZ, James C. Morrow and Ryan R. Cox, Kansas City, MO, on the brief, for appellee Federated Mutual Insurance Co.

Before MURPHY, BYE, and COLLOTON, Circuit Judges.

MURPHY, Circuit Judge.

This declaratory judgment action was brought by Secura Insurance (Secura), an insurer for Horizon Plumbing, Inc. (Horizon), a subcontractor on a troubled construction project. Horizon's two other insurers, State Auto Property & Casualty Insurance Company (State Auto) and Federated Mutual Insurance Company (Federated) later joined. Their dispute with Weitz Company, LLC (Weitz) arose out of a construction project in which Weitz was the general...

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