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MINGES CREEK, L.L.C. v. ROYAL INS. CO.

No. 05-1313.

442 F.3d 953 (2006)

MINGES CREEK, L.L.C., Plaintiff-Appellee, v. ROYAL INSURANCE COMPANY OF AMERICA, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 6, 2006.

Attorney(s) appearing for the Case

ARGUED: James N. McNally, Sommers Schwartz, Southfield, Michigan, for Appellant. Rick J. Patterson, Potter, DeAgostino, O'Dea & Patterson, Auburn Hills, Michigan, for Appellee. ON BRIEF: James N. McNally, Leonard B. Schwartz, Sommers Schwartz, Southfield, Michigan, for Appellant. Rick J. Patterson, Steven M. Potter, Potter, DeAgostino, O'Dea & Patterson, Auburn Hills, Michigan, for Appellee.

Before: DAUGHTREY and GILMAN, Circuit Judges; RUSSELL, District Judge.

OPINION

RONALD LEE GILMAN, Circuit Judge.

A customer slipped and fell on an icy sidewalk upon exiting a card store in the Minges Brook Mall, a shopping center owned by Minges Creek, L.L.C. Chubb Insurance Company, the insurer of the mall's common areas, paid the settlement cost and the associated litigation expenses resulting from the customer's lawsuit. Minges Creek then sued Royal Insurance Company of America, the insurer of the card store, for indemnification...

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