AMERICAN & FOREIGN INS. v. SEQUATCHIE CONCRETE

No. 04-6524.

441 F.3d 341 (2006)

AMERICAN & FOREIGN INSURANCE COMPANY, INC., Plaintiff-Appellee, v. SEQUATCHIE CONCRETE SERVICES, INC.; Knoxville Cast Stone, Inc., Defendants-Appellants, Gatlinburg, LLC; Frizzell Construction Company, Inc., Defendants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 10, 2006.


Attorney(s) appearing for the Case

ARGUED: Rebecca B. Murray, Kennerly, Montgomery & Finley, Knoxville, Tennessee, for Appellants. William G. Colvin, Schumaker, Witt, Gaither & Whitaker, Chattanooga, Tennessee, for Appellee. ON BRIEF: Rebecca B. Murray, Jack M. Tallent II, Kennerly, Montgomery & Finley, Knoxville, Tennessee, for Appellants. William G. Colvin, Schumaker, Witt, Gaither & Whitaker, Chattanooga, Tennessee, for Appellee.

Before: SILER and GRIFFIN, Circuit Judges; KATZ, District Judge.


OPINION

KATZ, District Judge.

In this case, the Court is asked to decide whether the "loss-in-progress doctrine" bars insurance coverage under a commercial policy where, at the time of the policy's inception, the insured knew about damages that could underlie a third-party's claim against it. The district court concluded that the loss-in-progress doctrine did apply under such circumstances, and that the policy did not cover the claim. This Court affirms...

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