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GREEN MACH. CORP. v. ZURICH-AMERICAN INS.

No. 01-3635.

313 F.3d 837 (2002)

GREEN MACHINE CORPORATION, Appellant v. The ZURICH-AMERICAN INSURANCE GROUP, as successor to the Maryland Commercial Insurance Group; Valiant Insurance Company

United States Court of Appeals, Third Circuit.

Filed December 20, 2002.

Attorney(s) appearing for the Case

Joseph E. Vaughan, (Argued), Justin S. Walker, Vaughan, Duffy & Connors, LLP, Exton, PA, for Appellant.

R. Bruce Morrison (Argued), Daniel G. Sanders, Marshall, Dennehey, Warner, Coleman & Goggin, Philadelphia, PA, Walter F. Kawalec, III, Marshall, Dennehey, Warner, Colemen & Goggin, Cherry Hill, NJ, for the Appellees, The Zurich American Insurance Company and Valiant Insurance Company.

Laura A. Foggan, John C. Yang, Wiley Rein & Fielding LLP, Washington, DC, for Amicus Curiae, Complex Insurance Claims Litigation Association.

Before BECKER, Chief Judge, MCKEE and HILL, Circuit Judges.

OPINION OF THE COURT

HILL, Circuit Judge.

Green Machine Corporation appeals the entry of summary judgment against it on the issue of Zurich-American Insurance Group's duty to defend and indemnify it in an underlying patent infringement action. For the following reasons, we affirm.

I.

In 1995, Chiuminatta Concrete Concepts, Inc. and its principals ("Chiuminatta") filed suit in a California federal district court against Green Machine Corporation...

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