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SWIRE PACIFIC HOLDINGS INC. v. ZURICH INS. CO.

No. 01-12597.

284 F.3d 1228 (2002)

SWIRE PACIFIC HOLDINGS INC., Plaintiff-Appellant, v. ZURICH INSURANCE CO., Defendant, Zurich American Insurance Company, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 7, 2002.

Attorney(s) appearing for the Case

Elliot B. Kula, Elliot H. Scherker, Marlene K. Silverman, Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, P.A., Miami, FL, for Plaintiff-Appellant.

Janet L. Brown, Boehm, Brown, Rigdon, Seacrest & Fischer, P.A., Maitland, FL, Thomas W. Brunner, Wiley, Rein & Fielding, Washington, DC, for Defendant-Appellee.

Before CARNES, BARKETT and KRAVITCH, Circuit Judges.

CARNES, Circuit Judge:

This diversity case involves an insurance coverage dispute between Swire Pacific Holdings, the owner and developer of a high-rise condominium in Florida, and Zurich American Insurance Company as successor in interest to Zurich Insurance Company, under a Builder's Risk Policy. Swire sued Zurich seeking to recover under the policy the costs it had incurred in correcting design defects in the condominium. The district court granted summary judgment...

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