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AFFILIATED FM INSURANCE COMPANY v. LTK CONSULTING SERVICES INC.

No. 07-35696.

627 F.3d 758 (2010)

AFFILIATED FM INSURANCE COMPANY, a Rhode Island corporation, Plaintiff-Appellant, v. LTK CONSULTING SERVICES INC., a Pennsylvania corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 7, 2010.

Attorney(s) appearing for the Case

William E. Pierson, Jr. (argued), Seattle, WA, for plaintiff-appellant Affiliated FM Insurance Co.

Steven G.M. Stein , Brandon G. Hummel , and Jeffrey Winnick (argued), Stein, Ray & Harris LLP, Chicago, IL; Beth Andrus , Skellenger Bender, P.S., Seattle, WA, for defendant-appellee LTK Consulting Services, Inc.

Before: ROBERT R. BEEZER, RONALD M. GOULD and CONSUELO M. CALLAHAN, Circuit Judges.

OPINION

GOULD, Circuit Judge:

Affiliated FM Insurance Company ("AFM"), subrogated to the rights of its insured, Seattle Monorail Services Joint Venture ("SMS"), sued LTK Consulting Services Inc. ("LTK"), asserting that LTK had provided negligent design advice to the Seattle Monorail System that resulted in fire damage. LTK took the position that the so-called "economic loss rule" precluded this suit and that AFM...

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