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TOBIN v. MICHIGAN MUT. INS. CO.

Nos. 03-12737, 03-12738 and 03-12739.

476 F.3d 1191 (2007)

Mark Andrew TOBIN, Plaintiff-Appellant, v. MICHIGAN MUTUAL INSURANCE CO., Defendant-Appellee. Craig Mackay, individually and as personal representative of Ana Gutierrez Mackay and Jonathan Patrick Mackay, Plaintiff-Appellant, v. Michigan Mutual Insurance Corporation, Defendant-Appellee. Helen J. Hunter, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. Michigan Mutual Insurance Corporation, a Michigan Corporation, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 31, 2007.

Attorney(s) appearing for the Case

Christopher J. Lynch, Hunter, Williams & Lynch, P.A., Coral Gables, FL, for Plaintiffs-Appellants.

Wendy F. Lumish, Carlton Fields, Miami, FL, Stephen J. Harburg, O'Melveny & Myers, LLP, Washington, DC, for Defendant-Appellee.

Before BARKETT, HULL and COX, Circuit Judges.

PER CURIAM:

Plaintiffs Mark Andrew Tobin, Craig Mackay, and Helen J. Hunter (collectively, "plaintiffs") filed declaratory judgment actions in which they sought to recover under an insurance policy that defendant Michigan Mutual Insurance Company ("Michigan Mutual") issued to Ford Motor Company ("Ford"). As we explained in Tobin v. Michigan Mutual Insurance Co., 398 F.3d 1267, 1269 & n. 1 (11th Cir.2005) ("Tobin I

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