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TOOLING, MFG. AND TECHNOLOGIES v. HARTFORD FIRE

No. 10-2480.

693 F.3d 665 (2012)

TOOLING, MANUFACTURING AND TECHNOLOGIES ASSOCIATION, Plaintiff-Appellant, v. HARTFORD FIRE INSURANCE COMPANY, Defendant-Appellee, Mark Tyler, Team Marketing Group, Inc., dba Tyler Construction, Incorporated, Team Benefits Group, Incorporated, Allied Risk, Incorporated, and Mark Tyler & Associates, Inc., Third-Party Defendants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 11, 2012.

Attorney(s) appearing for the Case

ARGUED: Elaine Ann Parson , Strobl & Sharp, PC, Bloomfield Hills, Michigan, for Appellant. James R. Case , Kerr, Russell and Weber, PLC, Detroit, Michigan, for Appellee. ON BRIEF: Elaine Ann Parson , Krista A. Jackson , Strobl & Sharp, PC, Bloomfield Hills, Michigan, for Appellant. James R. Case , Joanne Geha Swanson , Jason C. Yert , Kerr, Russell and Weber, PLC, Detroit, Michigan, for Appellee.

BATCHELDER, C.J., delivered the opinion of the court in which NORRIS, J., joined, and STRANCH, J., joined in Sections I. and II.A. STRANCH, J. (pp. 678-81), delivered a separate opinion concurring in part and dissenting in part.

OPINION

ALICE M. BATCHELDER, Chief Judge.

At its core, an insurance policy is simply a contract between the insurer and the insured, with each entitled to the benefit of the bargain. This statement encapsulates two self-evident but fundamental tenets of contract law — that generally speaking: (1) the benefit of the bargain directly accrues only to the parties to the contract, unless the contract otherwise provides; and (2) the parties are entitled...

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