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ST. PAUL FIRE AND MARINE v. ERA OXFORD REALTY CO.

No. 08-13374.

572 F.3d 893 (2009)

ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Plaintiff-Counter-Defendant-Appellant, v. ERA OXFORD REALTY COMPANY GREYSTONE, LLC, ERA Franchise Systems, Inc., Defendants-Counter-Claimants-Appellees, William A. Waldrip, Charlene Phillips, Mike Manacuso, Freda C. Jones, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 23, 2009.

Attorney(s) appearing for the Case

Christopher J. Bannon, Howard J. Fishman, Aronberg, Goldgehn, Davis & Garmisa, Chicago, IL, Edward G. Bowron, Burr & Forman, LLP, Mobile, AL, for Plaintiff.

Matthew Todd Lowther, Spencer M. Taylor, Balch & Bingham, LLP, Birmingham, AL, for Defendants.

Before WILSON, KRAVITCH and ANDERSON, Circuit Judges.

KRAVITCH, Circuit Judge:

St. Paul Fire and Marine Insurance Company ("St. Paul") appeals the district court's order, entered upon cross-motions for summary judgment, declaring that the professional liability insurance policy issued by St. Paul to ERA Oxford Realty Greystone, LLC ("ERA") obligates St. Paul to provide a legal defense for certain claims pending in the Circuit Court for Jefferson County, Alabama (the "Underlying Lawsuit"). For the following reasons, we...

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