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MICHIGAN FIRST CREDIT UNION v. CUMIS INS. SOC.

Nos. 09-1925, 09-1970.

641 F.3d 240 (2011)

MICHIGAN FIRST CREDIT UNION, Plaintiff-Appellee/Cross-Appellant, v. CUMIS INSURANCE SOCIETY, INC., Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 24, 2011.

Attorney(s) appearing for the Case

ARGUED: Nancy G. Lischer , Hinshaw & Culbertson LLP, Chicago, Illinois, for Appellant. Don W. Blevins , McAlpine & Associates, P.C., Auburn Hills, Michigan, for Appellee. ON BRIEF: Nancy G. Lischer , Hinshaw & Culbertson LLP, Chicago, Illinois, for Appellant. Don W. Blevins , McAlpine & Associates, P.C., Auburn Hills, Michigan, Charles J. Holzman , Patricia D. Corkery , Holzman Ritter & Corkery, PLLC, Southfield, Michigan, for Appellee.

GRIFFIN, J., delivered the opinion of the court, in which BOGGS, J., joined. KETHLEDGE, J. (p. 252), delivered a separate opinion concurring in all sections except for Section III.B. and in the judgment of the majority opinion.

OPINION

GRIFFIN, Circuit Judge.

In this action, plaintiff Michigan First Credit Union ("MFCU") filed suit against defendant CUMIS Insurance Society, Inc., asserting that CUMIS wrongfully denied its fidelity bond claim. Following a seven-day trial, the jury found in favor of MFCU, awarding $5,050,000 in damages. CUMIS moved for judgment as a matter of law ("JMOL") and for a new trial. Both motions were denied, with the district court thereafter imposing an...

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