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OWENS CORNING v. NATIONAL UNION FIRE INS. CO.

No. 99-4275.

257 F.3d 484 (2001)

OWENS CORNING, Plaintiff-Appellee, v. NATIONAL UNION FIRE INSURANCE CO. OF PITTSBURGH, PENNSYLVANIA, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 5, 2001.

Attorney(s) appearing for the Case

ARGUED: H. Frederick Humbracht, Jr., BOULT, CUMMINGS, CONNERS & BERRY, Nashville, Tennessee, for Appellant.

Mitchell F. Dolin, COVINGTON & BURLING, Washington, D.C., for Appellee.

ON BRIEF: H. Frederick Humbracht, Jr., BOULT, CUMMINGS, CONNERS & BERRY, Nashville, Tennessee, Thomas S. Shore, Jr., RENDIGS, FRY, KIELY & DENNIS, Cincinnati, Ohio, for Appellant.

Mitchell F. Dolin, COVINGTON & BURLING, Washington, D.C., Steven R. Smith, CONNELLY, SOUTAR & JACKSON, Toledo, Ohio, for Appellee.

Before: BOGGS and GILMAN, Circuit Judges; and BECKWITH, District Judge.

OPINION

BOGGS, Circuit Judge.

In this diversity action seeking declaratory judgment, Owens Corning, a corporation organized under the laws of Delaware, seeks to recover on its insurance contract with National Union Insurance ("National Union"), which has denied payment to compensate Owens Corning for indemnifying its directors and officers, who paid a substantial amount to settle a 1991 shareholder class action. Ohio law governs the contract, although we...

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