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T.H.E. INS. CO. v. NAGHTIN

Nos. 89-3469, 89-3505.

916 F.2d 1082 (1990)

T.H.E. INSURANCE COMPANY, Plaintiff-Appellee, Cross-Appellant, v. Wally NAGHTIN; Kevin Kuhn, Sr.; Linda Kuhn; Kevin Kuhn, Sr., father and natural guardian of Kevin Kuhn, Jr., a minor; Kevin Kuhn, Sr., father and natural guardian of Kristina Kuhn, a minor; Kevin Kuhn, Sr., father and natural guardian of Susan Kuhn, a minor; Michael Siegenthal, Sr.; Deborah Siegenthal; Michael Siegenthal, Sr., father and natural guardian of Michael Siegenthal, Jr., a minor; Michael Siegenthal, Sr., father and natural guardian of Matthew Siegenthal, a minor; Showmen's Insurance Agency, Inc., Defendants; Mansfield Square Ltd., dba Kingsgate Mall, Intervenor Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided October 18, 1990.

Attorney(s) appearing for the Case

Donald E. Theis (argued), Baren, Piper, Tarkowsky & Fitzgerald, Toledo, Ohio, for plaintiff-appellee cross-appellant.

David Nittskoff, Cleveland, Ohio, for defendants.

Mark S. Maddox (argued), Frost & Broschak, Columbus, Ohio, for intervenor defendant-appellant cross-appellee.

Before JONES and RYAN, Circuit Judges, and PECK, Senior Circuit Judge.

JOHN W. PECK, Senior Circuit Judge.

Mansfield Square, Ltd. ("Mansfield"), intervenor in a declaratory action brought by T.H.E. Insurance Company ("T.H.E.") against its insured, seeks to appeal the district court's holding that a certificate of insurance issued by an asserted agent of T.H.E. did not estop T.H.E. from denying coverage to its insured for an incident that may expose Mansfield to substantial personal injury liability. T.H.E. raises the preliminary issue...

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