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SECURA INS. v. STAINLESS SALES, INC.

No. 04-2000.

431 F.3d 987 (2005)

SECURA INSURANCE, Plaintiff-Appellant, v. STAINLESS SALES, INC., Evergreen America Corp., and Burlington Northern and Santa Fe Railway Co., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 21, 2005.

Attorney(s) appearing for the Case

ARGUED: Mary Jo Boerman, Bigler, Berry, Johnston, Sztykiel & Hunt, Zeeland, Michigan, for Appellant. Douglas J. Fryer, Dykema Gossett, Bloomfield Hills, Michigan, Daniel R. Rustmann, Butzel Long, Detroit, Michigan, for Appellees. ON BRIEF: Mary Jo Boerman, Bigler, Berry, Johnston, Sztykiel & Hunt, Zeeland, Michigan, for Appellant. Douglas J. Fryer, Dykema Gossett, Bloomfield Hills, Michigan, Daniel R. Rustmann, Butzel Long, Detroit, Michigan, Kimberly H. Allen, Butzel Long, Bloomfield Hills, Michigan, Mary C. O'Donnell, Durkin, McDonnell, Clifton, Davis & O'Donnell, Detroit, Michigan, for Appellees.

Before: KEITH and BATCHELDER, Circuit Judges; OBERDORFER, District Judge.

OPINION

KEITH, Circuit Judge.

Plaintiff-Appellant, Secura Insurance, appeals from the district court's denial of declaratory judgment, finding that the Defendant-Appellee, Stainless Sales, is covered under the commercial general liability insurance policy. For the following reasons, we AFFIRM.

I. Background

This declaratory judgment action arises out of a Commercial General Liability insurance policy ("C.G.L.Policy...

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