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LYERLA v. AMCO INS. CO.

No. 07-3104.

536 F.3d 684 (2008)

Lyle LYERLA, d/b/a Wildewood Construction, Plaintiff-Appellant, v. AMCO INSURANCE CO., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 4, 2008.

Attorney(s) appearing for the Case

Thomas W. Burkart (argued), Hamel, IL, for Plaintiff-Appellant.

Robert William Cockerham, Brian M. Parsons (argued), Brown & James, St. Louis, MO, for Defendant-Appellee.

Before CUDAHY, KANNE and SYKES, Circuit Judges.

CUDAHY, Circuit Judge.

AMCO Insurance Company (AMCO) issued a commercial general liability (CGL) policy to Lyle Lyerla, d/b/a Wildewood Construction (Lyerla). When Lyerla was sued in a dispute arising out of a construction contract, he tendered notice of the suit to AMCO. AMCO refused to defend Lyerla and after he settled the underlying lawsuit, Lyerla sued AMCO for breach of contract. The district court granted summary judgment for AMCO and this appeal followed....

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