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TOLEDO-LUCAS COUNTY PORT AUTH. v. AXA MARINE

No. 02-4120.

368 F.3d 524 (2004)

TOLEDO-LUCAS COUNTY PORT AUTHORITY; Coregis Insurance Co., Plaintiffs-Appellants, v. AXA MARINE & AVIATION INSURANCE (UK), LTD., et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 6, 2004.

Attorney(s) appearing for the Case

M. Charles Collins, Robert J. Gilmer, Jr., M. Charles Collins (argued and briefed), Eastman & Smith, Ltd., Toledo, OH, Steven R. Smith (argued and briefed), Janine Thompson Avila (briefed), Tammy Geiger Lavalette (briefed), Connelly, Jackson & Collier, Toledo, OH, for Plaintiff-Appellant.

Jack C. Hsu (arged and briefed), Kirsten R. Waack (briefed), Christensen & Ehret, Chicago, IL, for AXA Marine & Aviation Insurance (UK) Ltd.

Richard M. Kerger (briefed), Sytephen D. Hartman (argued and briefed), Kerger & Kerger, Toledo, OH, for Navigators Insurance Co.

Mark E. Christensen (briefed), Kirsten R. Waack, Christensen & Ehret, Chicago, IL, for Reinsurance Co. of New York.

Matthew J. Fink, Bollinger, Ruberry & Garvey, Chicago, IL, for Mt. Airy Insurance Co.

Before MOORE, SUTTON, and FRIEDMAN, Circuit Judges.

OPINION

SUTTON, Circuit Judge.

At issue in this insurance-coverage dispute is the scope of a "Ports Liability Policy" (the "Policy") that the Toledo-Lucas County Port Authority purchased from a group of insurance companies in 1994. The Policy covers, among other things, "Public Officials Liability," which is defined as "any actual or alleged act, error, ... omission and/or breach of duty by an officer and/or ... employee [of the Port Authority] ... in the...

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