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SAFETY SPECIALTY INS. CO. v. GENESEE COUNTY BD. OF COM'RS

Nos. 22-1189/1196.

53 F.4th 1014 (2022)

SAFETY SPECIALTY INSURANCE COMPANY; Safety National Casualty Company, Plaintiffs-Appellees (22-1189), Plaintiffs-Appellants (22-1196), v. GENESEE COUNTY BOARD OF COMMISSIONERS; Deborah Cherry, Defendants-Appellants (22-1189), Thomas A. Fox; Tammy Puchlak, as Trustee of the Walter Puchlak Revocable Trust Agreement dated February 24, 2010, Defendants-Appellees (22-1196).

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 21, 2022.

Attorney(s) appearing for the Case

ARGUED: Jeffrey C. Gerish , PLUNKETT COONEY, Bloomfield Hills, Michigan, for Genesee County and Deborah Cherry. John D. Hackett , CASSIDAY SCHADE, LLP, Chicago, Illinois, for Safety Specialty Insurance Company and Safety National Casualty Company. Philip L. Ellison , OUTSIDE LEGAL COUNSEL PLC, Hemlock, Michigan, for Thomas Fox and Tammy Puchlack. ON BRIEF: Jeffrey C. Gerish , PLUNKETT COONEY, Bloomfield Hills, Michigan, for Genesee County and Deborah Cherry. John D. Hackett , Adam H. McCabe , CASSIDAY SCHADE, LLP, Chicago, Illinois, Richard C.O. Rezie , GALLAGHER SHARP LLP, Cleveland, Ohio, for Safety Specialty Insurance Company and Safety National Casualty Company. Philip L. Ellison , OUTSIDE LEGAL COUNSEL PLC, Hemlock, Michigan, for Thomas Fox and Tammy Puchlack.

Before: SUTTON, Chief Judge; BOGGS and KETHLEDGE, Circuit Judges.

OPINION

This insurance-coverage dispute springs from two class-action lawsuits against several Michigan counties that retained surplus proceeds from the tax-foreclosure sales of private property. Genesee County was named as a defendant in the lawsuits and claimed coverage under two liability-insurance policies. The...

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