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FORREST CONST., INC. v. CINCINNATI INS. CO.

No. 11-6262.

703 F.3d 359 (2013)

FORREST CONSTRUCTION, INC., Plaintiff-Appellee, v. THE CINCINNATI INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 11, 2013.

Attorney(s) appearing for the Case

ARGUED: John M. Neal , The Neal Law Firm, Knoxville, Tennessee, for Appellant. Philip L. Robertson , Nashville, Tennessee, for Appellee. ON BRIEF: John M. Neal , The Neal Law Firm, Knoxville, Tennessee, for Appellant. Philip L. Robertson , Nashville, Tennessee, Mark M. Bell , Waller, Lansden, Dortch & Davis, LLP, Nashville, Tennessee, for Appellee.

Before: MERRITT, McKEAGUE, and STRANCH, Circuit Judges.

OPINION

MERRITT, Circuit Judge.

In this diversity case applying Tennessee law, defendant, The Cincinnati Insurance Company, appeals from a grant of summary judgment to its policyholder, plaintiff Forrest Construction, Inc. Forrest Construction sued Cincinnati Insurance for refusing to defend Forrest pursuant to the terms of a commercial general liability policy after Forrest was sued in state court by customers for whom it had built a residence in Brentwood...

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