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FLINTLOCK CONST. v. WELL-COME HOLDINGS

Nos. 11-13275, 11-14885.

710 F.3d 1221 (2013)

FLINTLOCK CONSTRUCTION SERVICES, LLC, Plaintiff-Counter Defendant-Counter Claimant-Appellant, v. WELL-COME HOLDINGS, LLC, Intervenor Plaintiff-Counter Defendant-Appellee, v. American Safety Risk Retention Group, Inc., American Safety Insurance Services, Inc., Defendants-Counter Claimants-Appellees. Flintlock Construction Services, LLC, Plaintiff-Counter Defendant-Counter Claimant, v. Well-Come Holdings, LLC, Intervenor Plaintiff-Counter Defendant-Appellant, v. American Safety Risk Retention Group, Inc., American Safety Insurance Services, Inc., Defendants-Counter Claimants-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 26, 2013.

Attorney(s) appearing for the Case

Andrea Kuntzman Cataland , Steven D. Henry , Jo Robert Persons , Smith, Moore, Leatherwood, LLP, Atlanta, GA, for Plaintiff-Counter Defendant-Counter Claimant-Appellant.

Christopher R. Carroll , Carroll, McNulty & Kull, LLC, Basking Ridge, NJ, Chad Eric Jacobs , Paul Willard Burke , Eric R. Mull , Drew Eckl Farnham , Atlanta, GA, for Intervenor Plaintiff-Counter Defendant-Appellee.

James E. Singer , David R. Smith , Bovis, Kyle & Burch, LLC, Atlanta, GA, for Defendants-Counter Claimants-Appellees.

Before TJOFLAT and BLACK, Circuit Judges, and MOLLOY, Senior District Judge.

TJOFLAT, Circuit Judge:

In its complaint in intervention in this case, the developer of an apartment building in New York City, Well-Come Holdings, LLC ("Well-Come"), seeks a judgment declaring that it is an additional insured on a commercial general liability policy and an excess/umbrella liability policy allegedly issued to Flintlock Construction Services, LLC ("Flintlock LLC"), its contractor on the apartment building project, by American Safety Risk Retention...

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