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FEDERAL-MOGUL U.S. ASBESTOS v. CONTINENTAL CAS.

No. 10-1290.

666 F.3d 384 (2011)

FEDERAL-MOGUL U.S. ASBESTOS PERSONAL INJURY TRUST, Plaintiff-Appellant, v. CONTINENTAL CASUALTY COMPANY, Defendant, Continental Insurance Company, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 8, 2011.

Attorney(s) appearing for the Case

ARGUED: Andrea Kay Hopkins , Gilbert LLP, Washington, DC, for Appellant. Steven M. Crane , Berkes Crane Robinson & Seal LLP, Los Angeles, CA, for Appellee. ON BRIEF: Barry Buchman , Gilbert LLP, Washington, DC, Cynthia M. Filipovich , Clark Hill PLC, Detroit, MI, for Appellant. Steven M. Crane , Berkes Crane Robinson & Seal LLP, Los Angeles, CA, David J. Bloss , Bloss Betz, Grand Rapids, MI, for Appellee.

Before: COLE, McKEAGUE, and GRIFFIN, Circuit Judges.

OPINION

COLE, Circuit Judge.

This is an insurance duty-to-defend case. Plaintiff-Appellant Federal-Mogul U.S. Asbestos Personal Injury Trust filed a complaint in the district court seeking declaratory relief. The Trust holds an umbrella insurance policy issued by Defendant-Appellee Continental Insurance Company and claims that pursuant to that policy, Continental is now required to defend the Trust against certain claims. Continental, contending it is under...

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