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WESTCHESTER SPECIALTY INS. v. U.S. FIRE INS.

No. 95-9602.

119 F.3d 1505 (1997)

WESTCHESTER SPECIALTY INSURANCE SERVICES, INC., Westchester Fire Insurance Company, Movants, Goodyear Tire & Rubber Company, Plaintiff-Appellant, v. U.S. FIRE INSURANCE COMPANY, Evanston Insurance Company, et al., Defendants, Alexander & Alexander, Inc., Alexander & Alexander of New York, Inc., Alexander Howden North America, Inc., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 22, 1997.

Attorney(s) appearing for the Case

Edward M. Newsom, Atlanta, GA, Daniel P. O'Keefe, Minneapolis, MN, Michael J. Wahoske, Dorsey & Shitney, Minneapolis, MN, for Movants.

Wayne R. Glaubinger, Diane P. Simon, Mound, Cotton, Wollan, New York City, Sidney R. Barrett, Jr., Atlanta, GA, for Defendants.

Before HATCHETT, Chief Judge, ANDERSON, Circuit Judge, and LAY, Senior Circuit Judge.

ANDERSON, Circuit Judge:

This diversity case is governed by Georgia law1 and involves a dispute between an insured and its insurance broker. Appellant Goodyear Tire & Rubber Company appeals the district court's order granting partial summary judgment for the appellees. Goodyear also requests a new trial on the claim which was tried to a jury. We affirm in part, and reverse and remand in part.

I. FACTS

Appellant Goodyear...

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