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TRAVELERS INDEMNITY CO. v. BOWLING GREEN PROFESSIONAL ASSOCIATES

No. 06-6038.

495 F.3d 266 (2007)

TRAVELERS INDEMNITY COMPANY, Plaintiff-Appellee, v. BOWLING GREEN PROFESSIONAL ASSOCIATES, PLC, Defendant-Appellant, Evanston Insurance Company, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 20, 2007.

Attorney(s) appearing for the Case

ARGUED: Matthew P. Cook, Cole & Moore, Bowling Green, Kentucky, for Appellant. W. David Kiser, Ackerson & Yann, Louisville, Kentucky, Steven Allred, Helms, Mullis & Wicker, Charlotte, North Carolina, for Appellees. ON BRIEF: Matthew P. Cook, Dov Moore, Cole & Moore, Bowling Green, Kentucky, for Appellant. W. David Kiser, Ackerson & Yann, Louisville, Kentucky, Steven Allred, Helms, Mullis & Wicker, Charlotte, North Carolina, Timothy L. Edelen, Bell, Orr, Ayers & Moore, Bowling Green, Kentucky, for Appellees.

Before: MERRITT and GRIFFIN, Circuit Judges; LAWSON, District Judge.

OPINION

GRIFFIN, Circuit Judge.

In this insurance coverage dispute, Bowling Green Professional Associates ("Bowling Green"), an out-patient drug treatment facility in Kentucky, appeals a declaratory judgment and summary judgment opinion and order of the district court. The crux of this declaratory judgment action is whether either of two liability policies issued to Bowling Green by two different insurers, Travelers Indemnity Company of Connecticut ("Travelers...

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