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CENTRAL STATES HEALTH & WELFARE v. FIRST AGENCY

No. 13-2077.

756 F.3d 954 (2014)

CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS HEALTH AND WELFARE FUND, an Employee Welfare Benefit Plan, by Arthur H. Bunte, Jr., a Trustee thereof, in his representative capacity, Plaintiff-Appellee, v. FIRST AGENCY, INC. and Guarantee Trust Life Insurance Company, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 1, 2014.

Attorney(s) appearing for the Case

ARGUED: Jonathan B. Frank , Jonathan B. Frank, P.C., Bloomfield Hills, Michigan, for Appellants. Francis J. Carey , Central States Law Department, Rosemont, Illinois, for Appellee. ON BRIEF: Jonathan B. Frank , Jonathan B. Frank, P.C., Bloomfield Hills, Michigan, for Appellants. Francis J. Carey , Central States Law Department, Rosemont, Illinois, for Appellee.

Before: SUTTON and COOK, Circuit Judges; MARBLEY, District Judge.

OPINION

SUTTON, Circuit Judge.

Central States and Guarantee Trust both issued insurance coverage for the same claims. Central States' contract says that it will pay only if Guarantee Trust does not. Guarantee Trust's contract insists that it will pay only if Central States does not. We must break this "you first" paradox, sometimes called a gastonette. Black's Law Dictionary 795 (10th ed.2014); see...

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