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DETROIT WATER TEAM JOINT v. AGRICULTURAL INS. CO.

Nos. 02-1324, 02-1419.

371 F.3d 336 (2004)

DETROIT WATER TEAM JOINT VENTURE, Plaintiff-Appellee/Cross-Appellant, v. AGRICULTURAL INSURANCE COMPANY, an Ohio Corporation, Defendant-Appellee, American National Fire Insurance Company, an Ohio Corporation, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 11, 2004.

Attorney(s) appearing for the Case

Stephen J. Pokoj (briefed), Fildew, Hinks, Gilbride, Miller & Todd, Detroit, MI, Raymond A. Fylstra (argued and briefed), John C. Anderson (briefed), Kubasiak, Fylstra, Reizen & Rotunno, Chicago, IL, for Plaintiff.

Daniel J. Seymour (briefed), Nagi, Baxter & Seymour, Detroit, MI, Thomas B. Orlando (argued and briefed), Matthew S. Ponzi (briefed), Foran, Glennon, Palandech & Ponzi, Chicago, IL, J. Mark Cooney (briefed), Michael J. Sullivan, Ann E. Erickson Gault (argued), Collins, Einhorn, Farrell & Ulanoff, Southfield, MI, for Defendant.

Before KEITH, MARTIN, and SUTTON, Circuit Judges.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

In these consolidated cases, Detroit Water Team Joint Venture seeks insurance coverage under an American National Fire Insurance Company commercial general liability policy and an Agricultural Insurance Company builder's risk policy for a loss incurred during the course of its renovation of a City of Detroit water plant. The district court held that coverage was available under the American National policy, but...

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