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ALLSTATE INS. CO. v. AMERICAN HARDWARE MUT. INS. CO.

No. 88-3043.

865 F.2d 592 (1989)

ALLSTATE INSURANCE COMPANY, as Successor Corporation to Northbrook Excess and Surplus Insurance Company, Plaintiff-Appellant, v. AMERICAN HARDWARE MUTUAL INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 12, 1989.

Attorney(s) appearing for the Case

J. Greg Goodykoontz (Richard M. Yurko, Jr., Steptoe & Johnson, Clarksburg, W.Va., on brief), for plaintiff-appellant.

Kimberly Gail Mann (Lynch, Mann, Smith & Mann, Beckley, W.Va., on brief), for defendant-appellee.

Before RUSSELL, PHILLIPS, and CHAPMAN, Circuit Judges.

CHAPMAN, Circuit Judge:

Allstate Insurance Company ("Allstate") brought this action against American Hardware Mutual Insurance Company ("American Hardware") seeking a declaration that Allstate had no obligation to expend any sums, under an excess liability insurance policy issued by its predecessor, until American Hardware had exhausted its liability insurance policy limits. Jurisdiction was based upon diversity. On joint motions for summary judgment, the District...

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