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BIG YANK CORP. v. LIBERTY MUT. FIRE INS. CO.

Nos. 95-5557, 95-6008.

125 F.3d 308 (1997)

BIG YANK CORPORATION, Plaintiff-Appellant, v. LIBERTY MUTUAL FIRE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided March 12, 1997.

Attorney(s) appearing for the Case

Carl D. Edwards, Jr. (briefed), Van Antwerp, Monge, Jones & Edwards, Ashland, KY, Robert S. Smith (argued and briefed), Paul, Weiss, Rifkind, Wharton & Garrison, New York City, for Plaintiff-Appellant in No. 95-5557.

Carl D. Edwards, Jr. (briefed), Van Antwerp, Monge, Jones & Edwards, Ashland, KY, Laura M. Schachter, Robert S. Smith (argued and briefed), Paul, Weiss, Rifking, Wharton & Garrison, New York City, for Plaintiff-Appellant in No. 95-6008.

Donald L. Miller II (briefed), Charles S. Cassis (argued and briefed), William B. Baird (briefed), Maureen P. Taylor (briefed), Brown, Todd & Heyburn, Louisville, KY, for Defendant-Appellee.

Before: MERRITT and COLE, Circuit Judges, and ECHOLS, District Judge.

COLE, Circuit Judge.

The plaintiff appeals the district court's grant of summary judgment in favor of the defendant in its suit alleging that the defendant, as the plaintiff's workers compensation insurer, breached its duty to represent the plaintiff under its policy in good faith. The plaintiff claims that this breach resulted in an over-reporting of the valid workers compensation complaints against it, causing the plaintiff to incur substantial premium increases...

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