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TRIZEC PROPERTIES v. BILTMORE CONST. CO.

No. 84-3215.

767 F.2d 810 (1985)

TRIZEC PROPERTIES, INC., d/b/a Clearwater Mall Co., Plaintiff, v. BILTMORE CONSTRUCTION CO., INC., et al., Defendants, and DECKS, INC., OF FLORIDA, Defendant-Third-Party Plaintiff-Appellee, v. The HOME INDEMNITY CO., et al., Third-Party Defendants, and Liberty Mutual Insurance Company, Third-Party Defendant Appellant.

United States Court of Appeals, Eleventh Circuit.

August 5, 1985.

Attorney(s) appearing for the Case

Kenneth L. Olsen, Tampa, Fla., for third-party defendant-appellant.

Bruce Harper, Alfred E. Froh, Clearwater, Fla., for defendant-third-party plaintiff-appellee.

Before VANCE and ANDERSON, Circuit Judges, and HENLEY, Senior Circuit Judge.

HENLEY, Senior Circuit Judge:

Trizec Properties, Inc. (Trizec) sued several contractors, including Decks, Inc. (Decks), for negligence and breach of contract in the construction of a shopping mall. By third party complaint, Decks, in turn, sued its insurers, one of which is the appellant Liberty Mutual Insurance Company (Liberty). Decks sought to impose a duty to defend and indemnify Decks in the main action. The narrow issue we address here is whether Liberty owes...

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