United States Sixth Circuit

Summary judgment for plaintiff, the owner of a shopping center, in a suit against an insurer for indemnification of an underlying slip-and-fall lawsuit is reversed where: 1) the policy at issue covered premises inside a store, and not the common areas where the accident occurred; and 2) defendant had no duty to defend against the injured's claims.

Appellate Information

• Decided 04/06/2006
• Published 04/06/2006

Judges

• Before:  DAUGHTREY and GILMAN, Circuit Judges;  RUSSELL, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  James N. McNally, Sommers Schwartz, Southfield, Michigan, for Appellant.  Rick J. Patterson, Potter, DeAgostino, O'Dea & Patterson, Auburn Hills, Michigan, for Appellee.   ON BRIEF:  James N. McNally, Leonard B. Schwartz, Sommers Schwartz, Southfield, Michigan, for Appellant.  Rick J. Patterson, Steven M. Potter, Potter, DeAgostino, O'Dea & Patterson, Auburn Hills, Michigan, for Appellee.