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TURNER CONST. CO. v. ACE PROPERTY & CAS. INS. CO.

Docket No. 04-6641-CV.

429 F.3d 52 (2005)

TURNER CONSTRUCTION COMPANY, Plaintiff-Appellant, v. ACE PROPERTY & CASUALTY INSURANCE CO., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 28, 2005.

Attorney(s) appearing for the Case

Edwin L. Doernberger, Saxe, Dornberger & Vita, P.C., Hamden, Connecticut, for Plaintiff-Appellant.

C. Michael Johnson, Fellows, Johnson & La Briolla, LLP (Frederic R. Mindlin and Antoinette Banks, Mound, Cotton, Wollan & Greengrass, New York, New York; Laurie E. Dugoniths, Fellows, Johnson & LaBriola, LLP, on the brief), Atlanta, Georgia, for Defendant-Appellee.

Before: WALKER, Chief Judge, CALABRESI and STRAUB, Circuit Judges.

Judge STRAUB dissents in a separate opinion.

JOHN M. WALKER, JR., Chief Judge.

This dispute requires us to construe an insurance policy issued by Defendant-Appellee ACE Property & Casualty Insurance Co. (ACE) to Plaintiff-Appellant Turner Construction Co. (Turner) to insure against property damage to a Texas construction project. ACE argues that the policy's high "wind deductible" applies to damages caused by rain where rain entered the insured premises...

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