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Monday, October 01, 2007

Ind. Decisions - 7th Circuit decides one Indiana case today

In Hunt Construction v. Allianz Global Risks (SD Ind., Judge Tinder), a 13-page opinion by Judge Poser, the trial court is reversed. Judge Posner:

Hunt, a construction company, brought this diversity suit governed by Michigan law against the Allianz insurance company, and appeals from the grant of summary judgment in favor of Allianz. The district judge’s ground was that Michigan law reads into the insurance policy on which Hunt’s suit is based a oneyear statute of limitations. Hunt contends that the suit is governed by the six-year statute of limitations applicable to contract actions for which no other limitations period is specified. If the longer statute of limitations applies, the suit is timely and the decision of the district court must be reversed. * * *

The judgment is reversed and the case remanded for further proceedings consistent with this opinion.

Posted by Marcia Oddi on October 1, 2007 01:09 PM
Posted to Ind. (7th Cir.) Decisions