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HORACE MANN INS. CO. v. GENERAL STAR NAT. INS. CO.

No. 06-2156.

514 F.3d 327 (2008)

HORACE MANN INSURANCE COMPANY, Plaintiff-Appellee, v. GENERAL STAR NATIONAL INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: January 23, 2008.

Attorney(s) appearing for the Case

ARGUED: Jeffrey Alan Holmstrand, McDermott & Bonenberger, P.L.L.C., Wheeling, West Virginia, for Appellant. Daniel C. Cooper, Bridgeport, West Virginia, for Appellee. ON BRIEF: Jamison H. Cropp, Steptoe & Johnson, Clarksburg, West Virginia, for Appellee.

Before NIEMEYER and TRAXLER, Circuit Judges, and SAMUEL G. WILSON, United States District Judge for the Western District of Virginia, sitting by designation.

Reversed and remanded by published opinion. Judge Traxler wrote the majority opinion, in which Judge Wilson joined. Judge Niemeyer wrote a dissenting opinion.

OPINION

TRAXLER, Circuit Judge:

This appeal involves a dispute between two insurance companies, with each company claiming that the insurance provided by its policy was "excess" to the other insurance and that its coverage therefore was not triggered until the limits of the other company's...

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