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AMWAY DISTRIBUTORS BENEFITS v. NORTHFIELD INS.

No. 01-2091.

323 F.3d 386 (2003)

AMWAY DISTRIBUTORS BENEFITS ASSOCIATION, et al., Plaintiffs-Appellants, v. NORTHFIELD INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 19, 2003.

Attorney(s) appearing for the Case

J.A. Cragwall, Jr. (argued and briefed), Joseph A. Kuiper (briefed), Warner, Norcross & Judd, Grand Rapids, MI, for Plaintiffs-Appellants.

Steven B. Galbraith (briefed), Galbraith & Booms, Southfield, MI, James G. Gross (briefed), Gross, Nemeth & Silverman, Detroit, MI, Larry I. Gramovot (argued and briefed), Tampa, FL, for Defendant-Appellee.

Before KENNEDY and GILMAN, Circuit Judges; SARGUS, District Judge.

GILMAN, J., delivered the opinion of the court, in which SARGUS, D.J., joined. KENNEDY, J. (pp. 394-396), delivered a separate dissenting opinion.

OPINION

GILMAN, Circuit Judge.

Amway Distributors Benefits Association and others (collectively, the insureds) brought a breach of contract claim against their excess liability insurer, Northfield Insurance Company, after Northfield refused to indemnify them for losses associated with the settlement of...

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