FRANKENMUTH MUTUAL INSURANCE v. FUN F/X II, INC.

No. 22-1933.

61 F.4th 514 (2023)

FRANKENMUTH MUTUAL INSURANCE COMPANY, Plaintiff-Appellee, v. FUN F/X II, INC. and Cao Enterprises II, LLC, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided February 28, 2023.


Attorney(s) appearing for the Case

Jeffrey C. Gerish , Attorney, Plunkett Cooney, PC, Bloomfield Hills, MI, Bradford S. Moyer , Attorney, Plunkett Cooney, PC, Grand Rapids, MI, John F. Sullivan , Attorney, Plunkett Cooney, PC, Chicago, IL, for Plaintiff-Appellee.

Edmond W. Foley , Attorney, Foley & Small, South Bend, IN, for Defendants-Appellants.

Before Easterbrook, Hamilton, and Kirsch, Circuit Judges.


Appellants Fun F/X II, Inc. and Cao Enterprises II, LLC (collectively "Fun F/X") sought insurance coverage after a warehouse fire. The relevant insurance policy issued by appellee Frankenmuth Mutual Insurance Company provides that it does not cover losses if prior to the fire the policy holder knew of a suspension or impairment...

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