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HDI-GERLING AMERICA INS. CO. v. MORRISON HOMES

No. 10-14637.

701 F.3d 662 (2012)

HDI-GERLING AMERICA INSURANCE COMPANY, successor in interest to Gerling America Insurance Company, Plaintiff-Counter-Defendant-Appellee, v. MORRISON HOMES, INC., Defendant-Counter-Claimant, Taylor Morrison Services, Inc., f.k.a. Morrison Homes, Inc., Defendant-Counter-Claimant-Appellant.

United States Court of Appeals, Eleventh Circuit.

November 19, 2012.

Attorney(s) appearing for the Case

Michael Paul Bruyere , Ann Theresa Kirk , Alissa Codel Malone , Fields, Howell, Athans & McLaughlin, LLP, Atlanta, GA, for Plaintiff-Appellee.

Caroline W. Spangenberg , Julie Ann Lierly , Ellen Parker McCarley , Kilpatrick, Townsend & Stockton, LLP, Atlanta, GA, for Defendant-Appellant.

Zachary D. Tripp , King & Spalding, LLP, Washington, DC, for Beazer Homes USA, Amicus Curiae.

Before TJOFLAT, CARNES and ANDERSON, Circuit Judges.

PER CURIAM:

CERTIFICATION FROM THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT TO THE SUPREME COURT OF GEORGIA PURSUANT TO O.C.G.A. § 15-2-9.

TO THE SUPREME COURT OF GEORGIA AND ITS HONORABLE JUSTICES:

This diversity action asks whether the property damage alleged in a California class action lawsuit brought by purchasers of homes built by Taylor Morrison Services, Incorporated (Morrison) was caused by an "occurrence" and therefore...

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