Ziebart International Corp. v. CNA Insurance

BAILEY BROWN, Circuit Judge.

The plaintiffs (“Ziebart”) appeal from the district court’s entry of summary judgment for the defendants (“the insurers”) in a declaratory judgment action concerning the insurers’ duty to represent Ziebart on appeal under an insurance contract. The district court heard the case in its diversity jurisdiction, and it based its decision primarily on a jury verdict, rendered in underlying Michigan state court wrongful death litigation, which found Ziebart liable for an intentional tort. While Ziebart’s appeal was pending before this court, however, the Michigan Court…