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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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