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DEVCON INTERN. CORP. v. RELIANCE INS. CO.

Nos. 07-4602, 08-1996.

609 F.3d 214 (2010)

DEVCON INTERNATIONAL CORPORATION; V.I. Cement & Building Products, Inc. d/b/a Mark 21 Industries, Inc., d/b/a Controlled Concrete Products, Inc., d/b/a Springfield Crusher, Appellants, v. RELIANCE INSURANCE COMPANY; Virgin Islands Insurance Guaranty Association, Appellees.

United States Court of Appeals, Third Circuit.

Filed: June 8, 2010.

Attorney(s) appearing for the Case

Jack J. Aiello, Gunster, Yoakley & Stewart, West Palm Beach, FL, James L. Hymes, III, Law offices of James L. Hymes, III, St. Thomas, VI, for Appellants.

Richard H. Hunter, Hunter, Cole & Bennett, St. Croix, USVI, for Appellees.

Before SMITH, CHAGARES and JORDAN, Circuit Judges.

OPINION OF THE COURT

JORDAN, Circuit Judge.

Devcon International Corporation ("Devcon") appeals an order of the District Court of the Virgin Islands of the United States entering a declaratory judgment in favor of Reliance Insurance Company ("Reliance") on Devcon's claim that Reliance is required to defend and indemnify Devcon in a nuisance action brought against it in the Superior Court of the Virgin Islands ("the underlying action"). For the reasons that...

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