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APEX MORTGAGE CORP. v. GREAT NORTHERN INS. CO.

No. 19-2525.

972 F.3d 892 (2020)

APEX MORTGAGE CORPORATION, Plaintiff-Appellant, v. GREAT NORTHERN INSURANCE COMPANY, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 24, 2020.

Attorney(s) appearing for the Case

Louis A. Bove , Attorney, Bodell Bove LLC, Philadelphia, PA, Ian Heath Gershengorn , Ishan Bhabha , Jonathan A. Langlinais , Attorneys, Jenner & Block LLP, Washington, DC, for Plaintiff-Appellant.

Jonathan Hacker , Ephraim A. McDowell , Attorneys, O'Melveny & Myers LLP, Washington, DC, Christopher A. Wadley , Attorney, Walker Wilcox Matousek LLP, Chicago, IL, for Defendants-Appellees.

James R. Figliulo , Attorney, Figliulo & Silverman, P.C., Chicago, IL, for Amicus Curiae Illinois Mortgage Bankers Association.

Before Bauer, Easterbrook, and Manion, Circuit Judges.

Federal Insurance Company refused to cover Apex Mortgage for the settlement of state tort claims filed against Apex. Apex sued but the district court granted summary judgment for Federal. Because the record contains an open question of material fact, summary judgment should not have issued and remand is necessary.

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