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INSURANCE CO. OF NO. AM. v. FEDERATED MUT. INS. CO.

No. 74-1689.

518 F.2d 101 (1975)

INSURANCE COMPANY OF NORTH AMERICA, Plaintiff-Appellee, v. FEDERATED MUTUAL INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

June 12, 1975.

Attorney(s) appearing for the Case

Hewitt P. Tomlin, Jr., Waldrop, Hall, Tomlin & Farmer, Jackson, Tenn., for defendant-appellant.

Jerry D. Kizer, Jr., W. R. Menzies, Jr., Jackson, Tenn., for plaintiff-appellee.

Before CELEBREZZE and McCREE, Circuit Judges, and DeMASCIO, District Judge.

McCREE, Circuit Judge.

Federated Mutual Insurance Company appeals from a judgment in a nonjury trial requiring it to contribute to the settlement of a death claim by Insurance Company of North America after Federated Mutual declined to participate in the defense or negotiation of the claim. It requires us to construe in accordance with Tennessee law an omnibus insuring clause and an exclusion clause in an automobile insurance policy issued by Federated. We affirm...

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