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EVANSTON INS. CO. v. COGSWELL PROPERTIES, LLC

Case No. 1:09-CV-996.

730 F.Supp.2d 748 (2010)

EVANSTON INSURANCE COMPANY, Plaintiff, v. COGSWELL PROPERTIES, LLC, Defendant.

United States District Court, W.D. Michigan, Southern Division.

July 30, 2010.

Attorney(s) appearing for the Case

Thomas B. Orlando, Matthew S. Ponzi, Foran Glennon Palandech Ponzi & Rudloff PC, Chicago, IL, for Plaintiff.

Joseph L. Milanowski, Mark Littleton Dailey, Melamed Dailey & Milanowski PC, Huntington Woods, MI, for Defendant.

OPINION

GORDON J. QUIST, District Judge.

Plaintiff, Evanston Insurance Company ("Evanston"), has filed a Complaint to Vacate Appraisal and for Declaratory Judgment against Defendant, Cogswell Properties, LLC ("Cogswell"), requesting that the Court vacate an appraisal award to Cogswell of the actual cash value of an insured loss on the grounds of manifest mistake (Count I) and bad faith (Count II). In addition, Evanston seeks a declaratory judgment...

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