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ROBERTS v. UNIVERSAL UNDERWRITERS INS. CO.

Nos. 01-3653, 01-3695.

334 F.3d 505 (2003)

Gladys ROBERTS, Plaintiff-Appellant/Cross-Appellee, v. UNIVERSAL UNDERWRITERS INS. CO., Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 2, 2003.

Rehearing Denied: July 30, 2003.

Attorney(s) appearing for the Case

Kenneth L. Gibson (argued and briefed), Weick, Gibson & Lowry, Cuyahoga Falls, OH, for Plaintiff-Appellant Cross-Appellee.

Ronald A. Rispo (briefed), Daniel A. Richards (argued and briefed), Robert E. Goff, Jr. (briefed), Weston, Hurd, Fallon, Paisley & Howley, Cleveland, OH, for Defendant-Appellee Cross-Appellant.

Before: BATCHELDER and MOORE, Circuit Judges; COLLIER, District Judge.

MOORE, J., delivered the opinion of the court, in which COLLIER, D.J., joined. BATCHELDER, J. (p. 513), delivered a separate concurring opinion.

OPINION

MOORE, Circuit Judge.

The plaintiff, Gladys Roberts ("Roberts"), appeals the district court's grant of summary judgment to the defendant Universal Underwriters ("Universal") in this diversity action. Roberts's son, Stephen, was an employee of MacIntire Chevrolet, which had both primary and umbrella...

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