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MOSSER CONST., INC. v. TRAVELERS INDEM. CO.

Case No. 3:08 CV 2363.

665 F.Supp.2d 875 (2009)

MOSSER CONSTRUCTION, INC., Plaintiff, v. The TRAVELERS INDEMNITY COMPANY, Defendant.

United States District Court, N.D. Ohio, Western Division.

October 26, 2009.

Attorney(s) appearing for the Case

Steven R. Smith, Adam S. Nightingale, Connelly, Jackson & Collier, Toledo, OH, for Plaintiff.

David L. Lester, Harold H. Reader, Ulmer & Berne, Cleveland, OH, for Defendant.

MEMORANDUM OPINION AND ORDER

JACK ZOUHARY, District Judge.

INTRODUCTION

The issue in this case is whether a company who supplied crushed stone backfill to a general contractor is a "subcontractor" within the meaning of an insurance policy, or merely a "material supplier." Resolution of this question will determine whether the policy obligates Defendant Travelers Indemnity Company (Travelers) to defend and indemnify Plaintiff Mosser Construction...

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