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WAUSAU UNDERWRITERS INS. v. UNITED PLASTICS GROUP

Nos. 06-3790, 06-4006.

512 F.3d 953 (2008)

WAUSAU UNDERWRITERS INSURANCE COMPANY, Plaintiff, v. UNITED PLASTICS GROUP, INC. and Microtherm, Inc., Defendants-Appellees. The Ohio Casualty Insurance Company, Intervenor-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided January 15, 2008.

Attorney(s) appearing for the Case

Michael J. Duffy, Tressler, Soderstrom, Maloney & Priess, Chicago, IL, for Plaintiff.

Steve A. Bryant (argued), Bryant & Associates, Houston, TX, for Defendants-Appellees.

Stephen R. Swofford (argued), Christine Olson McTigue, Hinshaw & Culbertson, Chicago, IL, for Intervenor-Appellant.

Before POSNER, FLAUM, and WOOD, Circuit Judges.

POSNER, Circuit Judge.

This diversity suit over insurance coverage arises out of a suit filed in a Texas state court by Microtherm, a manufacturer of, water heaters, against United. Plastics Group (UPG). The Texas suit complained about a component that UPG had sold Microtherm. Microtherm won that case, obtaining a judgment for $26.5 million. The Wausau insurance company, UPG's primary liability insurer, brought the present suit in the federal district court in Chicago...

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