IMG Worldwide, Inc., et al v. Westchester Fire Insurance Co

Filing

OPINION: we AFFIRM the district court's order denying Westchester's Rule 50(b) motion for judgment as a matter of law, REVERSE the district court's order entering judgment in favor of Westchester on IMG's duty-to-defend claims, and REMAND the case to the district court with instructions to enter judgment in favor of IMG on IMG's motion for judgment on Westchester's Duty to Defend, and for further proceedings consistent with this opinion, including consideration of Westchester's contribution claims against Great Divide, which have been sufficiently preserved on appeal, decision not for publication. Damon J. Keith, Circuit Judge; Eric L. Clay, AUTHORING Circuit Judge and David W. McKeague, Circuit Judge. [13-3832, 13-3837]

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Case: 13-3832 Document: 60-2 Filed: 07/15/2014 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT 100 EAST FIFTH STREET, ROOM 540 POTTER STEWART U.S. COURTHOUSE CINCINNATI, OHIO 45202-3988 Deborah S. Hunt Clerk Tel. (513) 564-7000 www.ca6.uscourts.gov Filed: July 15, 2014 Mr. Brent William Brougher Mr. Paul R. Koepff Mr. David W. Walulik Re: Case No. 13-3832/13-3837, IMG Worldwide, Inc., et al v. Westchester Fire Insurance Co Originating Case No. : 1:11-cv-01594 Dear Counsel, The Court issued the enclosed (Order/Opinion) today in this case. Sincerely yours, s/Laura A. Jones Case Manager Direct Dial No. 513-564-7023 cc: Mr. Matthew C. Blickensderfer Mr. John G. Farnan Mr. Jonathan D. Hacker Ms. Lynn Rowe Larsen Ms. Geri M. Smith Mr. Timothy F. Sweeney Enclosure Mandate to issue

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