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WESTERN CAS. & SUR. CO. v. SLITER

Civ. A. No. 82-71506.

555 F.Supp. 369 (1983)

WESTERN CASUALTY AND SURETY COMPANY, Plaintiff/Counter-Defendant, v. Donald SLITER, Sr., Defendant/Counter-Plaintiff and Third Party Plaintiff, Floyd Slagel, Individually, Third Party Defendant.

United States District Court, E.D. Michigan, S.D.

January 26, 1983.

Attorney(s) appearing for the Case

Floyd S. Westcott, Thomas Emery, Seavitt, Westcott, Stowe & Magnuson, Detroit, Mich., for plaintiff/counter-defendant.

Paul A. Rosen, Detroit, Mich., for Randy Wayne Foster.

Joseph H. DeLaurentis, Colombo, DeLaurentis & Trager, P.C., Wyandotte, Mich., for defendant/counter-plaintiff and third party plaintiff.

OPINION

FEIKENS, Chief Judge.

Plaintiff Western Casualty and Surety Company ("Western") moves for summary judgment in this declaratory judgment action brought to determine the scope of coverage of an insurance policy it issued to defendant Donald Sliter, Sr. ("Sliter"). As explained below, I find that coverage does not extend to the situation presented.

Sliter is in the business of installing swimming pools. In 1973 he purchased a liability insurance...

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