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R.C. WEGMAN CONST. CO. v. ADMIRAL INS. CO.

No. 09-2022.

634 F.3d 371 (2011)

R.C. WEGMAN CONSTRUCTION COMPANY, Plaintiff-Appellant, v. ADMIRAL INSURANCE COMPANY and Brian Budrik, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

February 4, 2011.

Attorney(s) appearing for the Case

Deborah Schmitt Bussert , Attorney, Dahl & Bonadies, Chicago, IL, for Plaintiff-Appellant.

Terrence J. Madden , Bryce Downey, LLC, Chicago, IL, for Defendants-Appellees.

Prior report: 629 F.3d 724.

Admiral's petition for rehearing contends that we held that "where there is a possibility of a verdict in excess of policy limits, there is a conflict of interest between the insurer and the insured." This characterization ignores the facts that led us to find a conflict (actually just alleged facts, since the complaint was dismissed by the district court). We said that "the conflict in this case arose when Admiral learned that an...

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