FEDERAL INS. CO. v. X-RITE, INC.

No. 1:89-CV-470.

748 F.Supp. 1223 (1990)

FEDERAL INSURANCE COMPANY, a New Jersey corporation, Plaintiff and Counter-Defendant, v. X-RITE, INC., a Michigan corporation, and Darrell Thompson, Individually and as an Officer and Director of X-Rite, Inc., Defendants and Counter-Plaintiffs, X-RITE, INC., a Michigan corporation, and Darrell Thompson, individually, and as an Officer and Director of X-Rite, Inc., Defendants and Third-Party Plaintiffs, v. AMERICAN CASUALTY COMPANY OF READING, PA, a Pennsylvania corporation, Third-Party Defendant.

United States District Court, W.D. Michigan, S.D.

September 24, 1990.


Attorney(s) appearing for the Case

John R. Monnich, Troy, Mich., for plaintiff and counter-defendant.

Mark S. Allard and Charles M. Denton, Grand Rapids, Mich., for defendants and counter-plaintiffs.

Michael P. Tone, Chicago, Ill., for third party defendant.


OPINION OF THE COURT

ROBERT HOLMES BELL, District Judge.

This case presents complementary actions for declaratory judgment concerning the parameters of an insurer's contractual duty to defend claims brought against the insured. Specifically, the fundamental questions posed may be stated as follows: Where the insurer assumes its contractual duty to defend but reserves its right to contest its liability to indemnify the insured for certain of the claims, such...

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