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ALTICOR, INC. v. NATIONAL UNION FIRE INS.

No. 04-1080.

411 F.3d 669 (2005)

ALTICOR, INC., Plaintiff/Counter defendant-Appellee, v. NATIONAL UNION FIRE INSURANCE CO. of Pittsburgh, PA, a member of the American International Group, Inc., Defendant/Counter plaintiff-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 9, 2005.

Rehearing Denied July 13, 2005.

Attorney(s) appearing for the Case

ARGUED: John P. Jacobs, John P. Jacobs, P.C., Detroit, Michigan, for Appellant. James D. Wilson, McVey & Parsky, Detroit, Michigan, for Appellee. ON BRIEF: John P. Jacobs, Norton T. Gappy, John P. Jacobs, P.C., Detroit, Michigan, for Appellant. James D. Wilson, McVey & Parsky, Detroit, Michigan, for Appellee.

Before: MARTIN, GILMAN, and FRIEDMAN, Circuit Judges.

FRIEDMAN, J., delivered the opinion of the court, in which MARTIN, J., joined.

GILMAN, J. (pp. 674-75), delivered a separate dissenting opinion.

OPINION

FRIEDMAN, Senior Circuit Judge.

An insurance company and its insured dispute the meaning and scope of a term in the company's insurance policy. The insured filed suit in the district court for a declaratory judgment that the policy means what the insured contends. In response, the insurance...

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