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NATIONAL ATHLETIC SPORTSWEAR v. WESTFIELD INS.

No. 07-3762.

528 F.3d 508 (2008)

NATIONAL ATHLETIC SPORTSWEAR, INCORPORATED, Plaintiff-Appellant, v. WESTFIELD INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 10, 2008.

Attorney(s) appearing for the Case

Mark W. Baeverstad (argued), Rothberg, Logan & Warsco, Fort Wayne, IN, for Plaintiff/Appellant.

Bruce P. Clark (argued), Clark & Associates, Munster, IN, for Defendant/Appellee.

Before BAUER, RIPPLE and WOOD, Circuit Judges.

BAUER, Circuit Judge.

In October of 2006, National Athletic Sportswear Company ("NAS") filed a complaint against Westfield Insurance Company in Indiana state court, alleging that Westfield breached an insurance contract by refusing to pay NAS's losses resulting from a burglary of its premises. Additionally, NAS complained that Westfield's efforts to settle the claim were in bad faith. Westfield removed the case to federal court, and filed an answer, as well as a counterclaim...

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