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NAUTILUS INS. CO. v. 1452-4 N. MILWAUKEE AVENUE, LLC

No. 07-3147.

562 F.3d 818 (2009)

NAUTILUS INSURANCE COMPANY, an Arizona corporation, Plaintiff-Appellant, v. 1452-4 N. MILWAUKEE AVENUE, LLC, Great Central Insurance Company, a subrogee of Thomas Tunney Enterprises, Ltd. doing business as Ann Sather Restaurant, and Badger Mutual Insurance Company, as subrogee of Anthony Mignano, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided April 7, 2009.

Attorney(s) appearing for the Case

Perry M. Shorris (argued), Bollinger, Ruberry & Garvey, Chicago, IL, for Plaintiff-Appellant.

Mark M. Lyman (argued), Henderson & Lyman, James K. Schultz, McDonald & McCabe, Richard D. Heytow, Crystal, Heytow & Warnick, Chicago, IL, for Defendants-Appellees.

Before RIPPLE, SYKES, and TINDER, Circuit Judges.

SYKES, Circuit Judge.

Nautilus Insurance Company filed this declaratory-judgment action to determine whether it has a duty to defend or indemnify its insured, 1452-4 North Milwaukee Avenue LLC ("1452 LLC"), against lawsuits alleging that an excavation on 1452 LLC's property damaged a neighboring building. In Nautilus's view, none of the claimed damage is covered because two clauses in the insurance policy—the "contractors and subcontractors" exclusion and the...

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