TMW Enterprises, Inc. v. Federal Insurance
Court of Appeals for the Sixth Circuit
1Opinion of the CourtSutton, J., joined by Guy, J.,
COLE, J. (pp. 580-86), delivered a separate dissenting opinion.
OPINION
SUTTON, Circuit Judge.
In this insurance-coverage dispute, the insured (TMW) appeals the district court’s grant of summary judgment in favor of the insurance company (Federal). Because a relevant exclusion to coverage applies, we affirm in part and reverse in part.
I
On December 29, 2004, TMW, acting through its subsidiary, Shain Park Associates, bought a recently constructed condominium and retail building in Birmingham, Michigan. TMW insured the Birmingham property for $10 million with Federal Insurance.
The insurance policy…
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