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LOWERY v. AMGUARD INS. CO.

No. 22-13738.

84 F.4th 943 (2023)

Hee Jin LOWERY, John Lowery, Individually, and as assignees of Shou & Shou, Inc., Plaintiffs-Counter Defendants-Appellees, v. AMGUARD INSURANCE COMPANY, Defendant-Counter Claimant-Appellant.

United States Court of Appeals, Eleventh Circuit.

Filed: October 6, 2023.

Attorney(s) appearing for the Case

David Dekle , David P. Dekle, PC, Augusta, GA, Andrew Holliday , Andrew W. Holliday, PC, Alpharetta, GA, for Plaintiffs-Appellees.

Lawrence Lee Washburn , Kyle Patrick Barrett , Wilson Elser Moskowitz Edelman & Dicker, LLP, Atlanta, GA, for AmGuard Insurance Company.

Before William Pryor, Chief Judge, Abudu, Circuit Judge, and Barber, District Judge.

This appeal presents a jurisdictional issue that we must address before we can resolve the merits of equitable reformation of an insurance policy under Georgia law. After Gina Lowery sustained serious injuries from a hot-soup spill at Noodle College Park, an Atlanta-area restaurant, she and her spouse sued Shou &...

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