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AMERICAN ZURICH INS. v. COOPER TIRE & RUBBER CO.

No. 07-3097.

512 F.3d 800 (2008)

AMERICAN ZURICH INSURANCE COMPANY, Plaintiff, v. COOPER TIRE & RUBBER COMPANY, Defendant-Appellant, National Union Fire Insurance Company, of Pittsburgh, PA, Defendant, Marsh USA, Inc., Third Party-Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 15, 2008.

Attorney(s) appearing for the Case

ARGUED: Joseph P. Thacker, Cooper & Walinski, Toledo, Ohio, for Appellant. James D. Wilson, Wilson Young, Detroit, Michigan, for Appellee. ON BRIEF: Joseph P. Thacker, Cooper & Walinski, Toledo, Ohio, for Appellant. James D. Wilson, Wilson Young, Detroit, Michigan, for Appellee.

Before: MERRITT, ROGERS, and McKEAGUE, Circuit Judges.

OPINION

MERRITT, Circuit Judge.

The issue on appeal in this diversity case is whether the district court erred in dismissing the third-party complaint filed by an original defendant, Cooper Tire & Rubber Company, against its insurance broker, Marsh USA and Marsh Placements Inc. (collectively referred to as "Marsh"), after Cooper Tire voluntarily entered into a settlement with the parties to the original complaint. The district court granted summary judgment...

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