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MARTIN COUNTY COAL CORP. v. UNIVERSAL UNDERWRITERS

Nos. 11-5773, 11-5793.

727 F.3d 589 (2013)

MARTIN COUNTY COAL CORPORATION, Plaintiff-Appellant/Cross-Appellee, v. UNIVERSAL UNDERWRITERS INSURANCE COMPANY, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed August 16, 2013.

Attorney(s) appearing for the Case

ARGUED: Judd R. Uhl , Mannion Gray Co., L.P.A., Fort Wright, Kentucky, for Appellant/Cross-Appellee. Robert E. Stopher , Boehl, Stopher & Graves, LLP, Louisville, Kentucky, for Appellee/Cross-Appellant. ON BRIEF: Judd R. Uhl , Mannion Gray Co., L.P.A., Fort Wright, Kentucky, for Appellant/Cross-Appellee. Robert E. Stopher , Robert D. Bobrow , Boehl, Stopher & Graves, LLP, Louisville, Kentucky, for Appellee/Cross-Appellant.

MARTIN, J., delivered the opinion of the court, in which KEITH, J., joined. ROGERS (pp. 598-600), delivered a separate dissenting opinion.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

The legal issue in this case is whether an insurance company, Universal, must indemnify its insured, Crum Motor Sales, against a settlement that Crum Motor Sales entered into with a third party, Martin County Coal Corporation, to settle a personal-injury lawsuit that Crum Motor Sales and one of its employees, Philip Crum, brought against Martin County Coal for injuries Crum suffered while on Martin County Coal...

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