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WALBRO CORP. v. AMERISURE COMPANIES

Nos. 96-2109, 96-2192.

133 F.3d 961 (1998)

WALBRO CORPORATION, individually and as Subrogee of Dennis Allen Scharich, by Cathy A. Schenk, next friend and as Subrogee of Cathy A. Schenk and Michael Schenk, Plaintiff-Appellee/Cross-Appellant, v. AMERISURE COMPANIES; Thomas D. Scharich, as Co-conservator of the Estate of Dennis Allen Scharich, Defendants-Appellees, Michael Schenk; Cathy A. Schenk, Defendants, Titan Insurance Company, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided January 16, 1998.

Attorney(s) appearing for the Case

James F. Troester (argued and briefed), Smith, Bovill, Fisher, Meyer & Borchard, Saginaw, MI, for Defendant-Appellee Thomas D. Scharich in No. 96-2192.

Janet Callahan Barnes (argued and briefed), Mark S. Torigan, Roger F. Wardle, Kohl, Secrest, Wardle, Lynch, Clark & Hampton, Farmington Hills, MI, for Defendant-Appellee Amerisure Companies.

Fred L. Borchard, James F. Troester, Smith, Bovill, Fisher, Meyer & Borchard, Saginaw, MI, for Defendant-Appellant/Cross-Appellee Titan Insurance Company.

Peter S. Shek (argued and briefed), Saginaw, MI, for Plaintiff-Appellee/Cross-Appellant Walbro Corporation.

Before: KENNEDY, JONES, and CLAY, Circuit Judges.

OPINION

KENNEDY, Circuit Judge.

Defendant Titan Insurance Company ("Titan") appeals and plaintiff Walbro Corporation ("Walbro") cross-appeals the District Court's orders granting summary judgment in this insurance coverage dispute. Plaintiff Walbro sued Thomas Scharich, in his capacity as co-conservator of The Estate of Dennis Scharich, Amerisure Insurance Companies ("Amerisure"), and Titan, seeking reimbursement of payments it had advanced to cover the...

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