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TMW ENTERPRISES, INC. v. FEDERAL INS. CO.

No. 09-1542.

619 F.3d 574 (2010)

TMW ENTERPRISES, INC.; Shain Park Associates, L.L.C., Plaintiffs-Appellants, v. FEDERAL INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 25, 2010.

Attorney(s) appearing for the Case

ARGUED: Kenneth T. Brooks , Honigman, Miller, Lansing, Michigan, for Appellants. Megan K. Cavanagh , Garan Lucow Miller, P.C., Detroit, Michigan, for Appellee. ON BRIEF: Kenneth T. Brooks , Honigman, Miller, Lansing, Michigan, for Appellants. Megan K. Cavanagh , C. David Miller , Garan Lucow Miller, P.C., Detroit, Michigan, Mark E. Shreve , Garan Lucow Miller, P.C., Troy, Michigan, for Appellee.

SUTTON, J., delivered the opinion of the court, in which GUY, J., joined. COLE, J. (pp. 580-86), delivered a separate dissenting opinion.

OPINION

SUTTON, Circuit Judge.

In this insurance-coverage dispute, the insured (TMW) appeals the district court's grant of summary judgment in favor of the insurance company (Federal). Because a relevant exclusion to coverage applies, we affirm in part and reverse in part.

I.

On December 29, 2004, TMW, acting through its subsidiary, Shain Park Associates, bought a recently constructed condominium and retail building in Birmingham, Michigan...

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