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MERIDIAN LEASING v. ASSOC. AVIATION UNDERWRITERS

No. 04-1184.

409 F.3d 342 (2005)

MERIDIAN LEASING, INC., Plaintiff-Appellee, v. ASSOCIATED AVIATION UNDERWRITERS, INC., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 24, 2005.

Attorney(s) appearing for the Case

Barry R. Smith, McCarthy Smith Law Group, Portage, Michigan, for Appellant.

Jon R. Muth, Miller, Johnson, Snell & Cummiskey, Grand Rapids, Michigan, for Appellee.

Jon R. Muth, Mark P. Hunting, Miller, Johnson, Snell & Cummiskey, Grand Rapids, Michigan, for Appellee.

Before: SUHRHEINRICH and GILMAN, Circuit Judges; ACKERMAN, District Judge.

OPINION

ACKERMAN, District Judge.

In this case, the District Court, sitting in diversity, was faced with the task of interpreting the language of an all-risk insurance policy that allegedly covered damage to an aircraft engine caused by an unusual occurrence during start-up. The insurer alleged that the policy's exclusion for wear and tear foreclosed coverage. Applying California law, the District Court found that the term "wear and tear" was ambiguous,...

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