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TOWNE REALTY, INC. v. SAFECO INS. CO. OF AMERICA

No. 87-3420.

854 F.2d 1264 (1988)

TOWNE REALTY, INC., d/b/a Tri Realty, Inc., Plaintiff, v. SAFECO INSURANCE COMPANY OF AMERICA, Defendant-Cross-Claim Plaintiff-Appellant, v. LEXINGTON INSURANCE COMPANY, Commercial Union Insurance Co., Defendants-Cross-Claim Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

September 14, 1988.

Attorney(s) appearing for the Case

Roland A. Sutcliffe, Jr., Zimmerman, Shuffield, Kiser & Sutcliffe, Orlando, Fla., for defendant-cross-claim plaintiff-appellant.

Terry D. Bork, Jacksonville, Fla., for Lexington.

W. Douglas Childs, Jacksonville, Fla., for Commercial Union.

Before KRAVITCH and CLARK, Circuit Judges, and NICHOLS, Senior Circuit Judge.

CLARK, Circuit Judge:

This appeal arises from a dispute between three insurance companies as to their respective liability for a settlement agreement entered into by their insured, Towne Realty, Inc. ("Towne"), and an injured third party. Towne brought a diversity action against the three insurers — Safeco Insurance Co. of America ("Safeco"), Commercial Union Insurance Co. ("Commercial Union"), and Lexington Insurance Co. ("Lexington") — to resolve the...

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