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TOBIN v. MICHIGAN MUT. INS. CO.

Nos. 03-12737, 03-12738 and 03-12739.

398 F.3d 1267 (2005)

Mark Andrew TOBIN, Plaintiff-Appellant, v. MICHIGAN MUTUAL INSURANCE CO., Defendant-Appellee. Craig Mackay, individually and as personal representative of Ana Gutierrez Mackay and Jonathan Patrick Mackay, Plaintiff-Appellant, v. Michigan Mutual Insurance Corporation, Defendant-Appellee. Helen J. Hunter, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. Michigan Mutual Insurance Corporation, a Michigan Corporation, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

February 3, 2005.

Attorney(s) appearing for the Case

Christopher J. Lynch, Hunter, Williams & Lynch, P.A., Miami, FL, for Plaintiffs-Appellants.

Wendy F. Lumish, Carlton, Fields, Miami, FL, Stephen J. Harburg, O'Melveny & Myers, LLP, Washington, DC, for Defendants-Appellees.

Before BARKETT, HULL and COX, Circuit Judges.

PER CURIAM:

In this declaratory judgment action, plaintiffs Mark Andrew Tobin, Helen J. Hunter, and Craig Mackay (the "plaintiffs") leased vehicles from Ford Motor Company or a Ford subsidiary (collectively "Ford")1 and now seek to recover under an insurance policy that defendant Michigan Mutual Insurance Company ("Michigan Mutual") issued to Ford. Because Ford and Michigan Mutual, as the contracting parties, agreed that the policy was...

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