Legal Opinion

TMW Enterprises, Inc. v. Federal Insurance

Court of Appeals for the Sixth Circuit

Decided August 25, 2010No. 09-1542PublishedCited by 82 opinions

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…

2Cases cited13 opinions

  1. Lamie v. United States TrusteeSupreme Court of the United States · 2004
  2. Federal Communications Commission v. Fox Television Stations, Inc.Supreme Court of the United States · 2009
  3. Klapp v. United Insurance Group Agency, IncMichigan Supreme Court · 2003
  4. Chickasaw Nation v. United StatesSupreme Court of the United States · 2001
  5. The Aetna Casualty and Surety Company v. Harold C. Yates and Eleanor Catherine YatesCourt of Appeals for the Fifth Circuit · 1965

8 more not listed; retrieve them via the Exa API.

3Cited by82 opinions

  1. Santo's Italian Cafe LLC v. Acuity Ins. Co.Court of Appeals for the Sixth Circuit · 2021
  2. Crescent Plaza Hotel Owner, L. v. Zurich American Insurance ComCourt of Appeals for the Seventh Circuit · 2021
  3. John Gallo v. Moen IncorporatedCourt of Appeals for the Sixth Circuit · 2016
  4. VISION ONE v. Philadelphia Indem. Ins. Co.Washington Supreme Court · 2012
  5. Jane Doe v. Dean BolandCourt of Appeals for the Sixth Circuit · 2012

77 more not listed; retrieve them via the Exa API.

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