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CINCINNATI INS. CO. v. METROPOLITAN PROPERTIES

No. 86-7257.

806 F.2d 1541 (1986)

CINCINNATI INSURANCE COMPANY, Plaintiff-Appellee, v. METROPOLITAN PROPERTIES, INC., a corporation, and Raymond Gotlieb, an individual, Defendants-Appellants, The City of Birmingham, a municipal corporation, Defendant.

United States Court of Appeals, Eleventh Circuit.

December 31, 1986.

Attorney(s) appearing for the Case

W. Eugene Rutledge, Rutledge & Kelly, P.C., Kay S. Kelly, Birmingham, Ala., for defendants-appellants.

Lee E. Bains, Jr., Maynard, Cooper, Frierson & Gale, P.C., N. Lee Cooper, Birmingham, Ala., for City of Birmingham.

Stanley A. Cash, Huie, Fernambucq and Stewart, Birmingham, Ala., for plaintiff-appellee.

Before HILL and FAY, Circuit Judges, and MORGAN, Senior Circuit Judge.

MORGAN, Senior Circuit Judge:

Appellant Metropolitan Properties, Inc. (hereinafter Metropolitan) purchased a multi-peril insurance policy from Cincinnati Insurance Co. (hereinafter Cincinnati), which covered Metropolitan for, among other things, "any claim made against the insured and caused by any negligent act, error or omission of the insured." Also included was an exclusion provision stating that the policy would not cover "any dishonest, fraudulent, criminal...

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