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EMPLOYERS MUT. CAS. CO. v. SKOUTARIS

Nos. 04-3287, 04-3288.

453 F.3d 915 (2006)

EMPLOYERS MUTUAL CASUALTY COMPANY and Hamilton Mutual Insurance Company, Plaintiffs-Appellees, v. John SKOUTARIS, d/b/a Open Flame Restaurant, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 13, 2006.

Attorney(s) appearing for the Case

Jerry E. Huelat (argued), Michael A. Kreppein, Huelat & Mack, Michigan City, IN, for Plaintiff-Appellee.

Gordon A. Etzler (argued), Etzler & Associates, Valparaiso, IN, Kevin G.L. Kerr (argued), Schmidtke Hoeppner Consultants, Valparaiso, IN, for Defendant-Appellant.

Before MANION, ROVNER, and WILLIAMS, Circuit Judges.

MANION, Circuit Judge.

On April 7, 2000, a fire ravaged the Open Flame Restaurant ("Open Flame"), a Valparaiso, Indiana establishment owned and operated by John Skoutaris. Hamilton Mutual Insurance Company ("Hamilton Mutual"), a subsidiary of Employers Mutual Casualty Company, insured the building, business personal property, and business lost income. Hamilton Mutual, an Ohio corporation with its principal place of business in Ohio, filed a declaratory judgment action...

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