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COMMERCIAL UNION INS. CO. v. SEPCO CORP.

No. 88-7616.

878 F.2d 1395 (1989)

COMMERCIAL UNION INSURANCE COMPANY, Plaintiff/Counterclaim-Defendant, Cross-Claim-Plaintiff, v. SEPCO CORPORATION, Defendant/Third-Party Plaintiff, Counterclaim-Defendant, Cross-Claim-Defendant, Cross-Claim-Plaintiff-Appellant, United National Insurance Company, Third-Party Defendant, Counterclaim-Plaintiff, Cross-Claim-Plaintiff, Home Indemnity Company, Third-Party Defendant, Counterclaim-Defendant, Cross-Claim-Defendant, Canadian Universal Insurance Company, Ltd., Third-Party-Defendant, Counterclaim-Defendant, Cross-Claim-Defendant-Appellee, Continental Casualty Company, Third-Party Defendant, Counterclaim-Defendant, Cross-Claim-Defendant, Insurance Company of North America, Third-Party Defendant, Counterclaim-Defendant, First State Insurance Company, Third-Party-Defendant, Counterclaim-Defendant, Interstate Fire & Casualty Company, Third-Party Defendant, Counterclaim-Defendant, Mission Insurance Company, Third-Party-Defendant, Counterclaim-Defendant, Cross-Claim-Defendant, Fireman's Fund Insurance Company, Third-Party-Defendant, Cross-Claim-Defendant.

United States Court of Appeals, Eleventh Circuit.

Rehearing Denied September 29, 1989.

Attorney(s) appearing for the Case

Susan Blalock Anderson, Sirote, Permutt, McDermott, Slepian, Friend, Friedman, Held & Apolinsky, PC, Birmingham, Ala., for Sepco Corp.

James A. Bradford, Balch & Bingham, Birmingham, Ala., for Canadian Universal Ins. Co.

John S. Civils, Jr., Huie, Fernambucq & Stewart, Birmingham, Ala., for the Home Ins. Co.

Richard S. March, Galfand, Berger, Lurie & March, Philadelphia, Pa., for United Nat. Ins. Co.

James W. Gewin, Bradley, Arant, Rose & White, Birmingham, Ala., for Fireman's Fund.

Before KRAVITCH, JOHNSON and ANDERSON, Circuit Judges.

JOHNSON, Circuit Judge:

This case arises from the district court's grant of summary judgment in favor of Canadian Universal Insurance Co., Ltd. ("Canadian"), on a cross-claim in a declaratory judgment action brought by Commercial Union Insurance Company against Sepco Corporation ("SEPCO"). Canadian prevailed on its claim that SEPCO was obligated to reimburse it for certain expenses pursuant to a deductible clause in an insurance contract it issued to SEPCO. We affirm...

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