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ST. PAUL FIRE & MARINE INS. v. SCHILLI TRANSP.

No. 11-2307.

672 F.3d 451 (2012)

ST. PAUL FIRE & MARINE INSURANCE COMPANY, Plaintiff-Appellee, v. SCHILLI TRANSPORTATION SERVICES INC., Atlantic Inland Carriers, Inc. and WVT of Texas, Inc., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided February 13, 2012.

Attorney(s) appearing for the Case

James H. Austen (argued), Attorney, Starr, Austen & Miller, LLP, Logansport, IN, for Plaintiff-Appellee.

Gregg S. Theobald , Attorney, Jerome L. Withered (argued), Attorney, Withered Burns & Persin, Lafayette, IN, for Defendants-Appellants.

Before RIPPLE and HAMILTON, Circuit Judges, and MYERSCOUGH, District Judge.

MYERSCOUGH, District Judge.

In this diversity action, the district court granted summary judgment in favor of the plaintiff. The district court rejected the defendants' contention that the insurance policy at issue was ambiguous and concluded that the policy imposed joint and several liability on the defendants for the payment of the deductible called for under the policy. Because we conclude the insurance policy was ambiguous as to the nature of the defendants' liability...

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