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VALASSIS COMMUNICATIONS, INC. v. AETNA CAS. & SUR.

No. 95-1635.

97 F.3d 870 (1996)

VALASSIS COMMUNICATIONS, INC., and David Brandon, Plaintiffs-Appellants, v. AETNA CASUALTY & SURETY COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided October 9, 1996.

Attorney(s) appearing for the Case

Andrew T. Baran, William H. Horton (argued and briefed), Cox, Hodgman & Giarmarco, Troy, MI, for Plaintiffs-Appellants.

Francis R. Ortiz, Dickinson, Wright, Moon, Van Dusen & Freeman, Detroit, MI, Thomas H. Howlett (briefed), Cathy A. Simon (argued), Ross, Dixon & Masback, Washington, DC, for Defendant-Appellee.

Before: KRUPANSKY, DAUGHTREY, and MOORE, Circuit Judges.

KRUPANSKY, Circuit Judge.

The plaintiffs-appellants, Valassis Communications and David Brandon, appealed the lower court's order granting Aetna's motion to dismiss the complaint for failure to state a claim. Specifically, the plaintiffs argued that the lower court erred (1) in reconsidering its original order denying the motion to dismiss, and (2) in concluding that the express language of Valassis' policy with Aetna barred the action.

Valassis Communications...

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