Michael Consedine v. Personnel Management, Inc.

EDITH BROWN CLEMENT,

Circuit Judge, dissenting.

The majority preserves the district court’s internally inconsistent rulings by inventing a framework the court below did not apply. For the first time, the majority declares the existence of a “claims-adjustment agreement” that it cobbles together from various documents the district court itself held did not “constitute part of the policies of insurance.” The majority finds

no error in the district court’s implicit finding that the parties in effect had two agreements: one in which Reliance would provide insurance coverage based on payroll, and PMI…