LEXICON, INC. v. SAFECO INS. CO. OF AMERICA, INC.

No. 04-6086.

436 F.3d 662 (2006)

LEXICON, INC., Plaintiff-Appellant, v. SAFECO INSURANCE COMPANY OF AMERICA, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 9, 2006.


Attorney(s) appearing for the Case

ARGUED: Michael D. Strong, Lathrop & Gage, L.C., Kansas City, Missouri, for Appellant. Gregory J. Berberich, Gottesman & Associates, Cincinnati, Ohio, for Appellee. ON BRIEF: Michael D. Strong, Michael D. Strong, Michael P. O'Shea, Lathrop & Gage, L.C., Kansas City, Missouri, Robert M. Connolly, Stites & Harbison, Louisville, Kentucky, for Appellant. Gregory J. Berberich, Gottesman & Associates, Cincinnati, Ohio, J. Thomas Mellott, Statman, Harris, Siegel & Eyrich, Cincinnati, Ohio, for Appellee.

Before: KENNEDY, COOK, and GRIFFIN, Circuit Judges.


KENNEDY, J., delivered the opinion of the court, in which COOK, J., joined.

GRIFFIN, J. (pp. 673-677), delivered a separate opinion concurring in part and dissenting in part.

OPINION

KENNEDY, Circuit Judge.

Lexicon Inc. (Lexicon), a sub-contractor of Icon, Inc. (Icon), seeks recovery of self-styled "delay and impact claims" from Safeco Insurance Co. of America, Inc. (Safeco), the surety of Icon, under a labor and material payment bond. The...

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