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KLINE v. GULF INSURANCE COMPANY

No. 05-2320.

466 F.3d 450 (2006)

JOY KLINE, PERSONAL REPRESENTATIVE OF THE ESTATE OF JEFFREY LYLE KLINE, DECEASED, PLAINTIFF/COUNTER-DEFENDANT-APPELLANT, v. GULF INSURANCE COMPANY, DEFENDANT/COUNTER-PLAINTIFF AND THIRD-PARTY PLAINTIFF-APPELLEE, CECIL HAMLIN, THIRD-PARTY DEFENDANT-APPELLEE.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 18, 2006.

Attorney(s) appearing for the Case

ARGUED: David M. Dark, JAMES, DARK & BRILL, Kalamazoo, Michigan, for Appellant.

James R. Case, KERR, RUSSELL AND WEBER, Detroit, Michigan, for Appellees.

ON BRIEF: David M. Dark, JAMES, DARK & BRILL, Kalamazoo, Michigan, for Appellant.

James R. Case, Joanne Geha Swanson, KERR, RUSSELL AND WEBER, Detroit, Michigan, for Appellees.

Before: ROGERS and COOK, Circuit Judges; BERTELSMAN, District Judge.

Pursuant to Sixth Circuit Rule 206

OPINION

ROGERS, Circuit Judge.

This case involves the legal question of whether a federally-prescribed form endorsement attached to a trucking company's insurance contract modifies the attachment point of an umbrella policy when the endorsement was not legally required in the first Page 2> place. The trucking company in this case purchased liability insurance beyond what was required under federal regulations and...

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