Sandy Point Dental, P.C. v. Cincinnati Insurance Company
Defendant / Appellee: CINCINNATI INSURANCE COMPANY
Plaintiff / Appellant: SANDY POINT DENTAL, P.C.
Amicus Curiae: AMERICAN PROPERTY CASUALTY INSURANCE ASSOCIATION, NATIONAL ASSOCIATION OF MUTUAL INSURANCE COMPANIES and UNITED POLICYHOLDERS
Case Number: 21-1186
Filed: January 29, 2021
Court: U.S. Court of Appeals, Seventh Circuit
Nature of Suit: Insurance

Opinions

We have the following opinions for this case:

Date Filed Description
December 9, 2021 Summary Sandy Point Dental, P.C. v. Cincinnati Insurance Co.

Docket Report

This docket was last retrieved on January 21, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 21, 2022 Opinion or Order FOR COURT USE ONLY: Certified copy of 12/09/2021 Opinion with Mandate sent to the District Court Clerk. [7212423-2] [7212423] [21-1203] (SK) [Entered: 01/21/2022 09:24 AM]
January 3, 2022 Opinion or Order Filing 62 Mandate issued with bill of costs in the amount of $1225.04. No record to be returned. [62] [7208258] [21-1559, 21-1186, 21-1203] (SK) [Entered: 01/03/2022 09:06 AM]
January 3, 2022 Opinion or Order FOR COURT USE ONLY: Certified copy of 12/09/2021 Opinion and Final judgment with Mandate and Bill of Costs sent to the District Court Clerk. [7208274-2] [7208274] [21-1559, 21-1186, 21-1203] (SK) [Entered: 01/03/2022 09:17 AM]
December 9, 2021 Opinion or Order Filing 61 ORDER: Final judgment filed per opinion. With costs: yes. [61] [7204378] [21-1559, 21-1186, 21-1203] (AD) [Entered: 12/09/2021 04:24 PM]
December 9, 2021 Opinion or Order Filing 60 Filed opinion of the court by Judge Wood. We AFFIRM the dismissals of all three cases, as well as the denials of Sandy Points motions for reconsideration and for leave to amend its complaint. Daniel A. Manion, Circuit Judge; Diane P. Wood, Circuit Judge and David F. Hamilton, Circuit Judge. [60] [7204374] [21-1559, 21-1186, 21-1203] (AD) [Entered: 12/09/2021 04:22 PM]
November 19, 2021 Opinion or Order Filing 59 Filed Appellee Cincinnati Insurance Company in 21-1186, 21-1203, 21-1559 Citation of Additional Authority, per Circuit Rule 28(e). [59] [7200435] [21-1186, 21-1203, 21-1559] (Litchfield, Daniel) [Entered: 11/19/2021 02:53 PM]
September 10, 2021 Filing 58 Case argued by Mr. Jonathan Lubin for Appellant Bend Hotel Development Company, LLC and Daniel G. Litchfield for Appellee Cincinnati Insurance Company in 21-1559, Mr. Jonathan Lubin for Appellant Sandy Point Dental, P.C. and Daniel G. Litchfield for Appellee Cincinnati Insurance Company in 21-1186, Mr. Gabriel Gillett for Amicus Curiae Restaurant Law Center, Jason O. Barnes for Appellant TJBC, Inc. and Daniel G. Litchfield for Appellee Cincinnati Insurance Company in 21-1203. [58] [7184952] [21-1559, 21-1186, 21-1203] (MAN) [Entered: 09/10/2021 01:21 PM]
September 10, 2021 Filing 57 Case heard and taken under advisement by panel: Daniel A. Manion, Circuit Judge; Diane P. Wood, Circuit Judge and David F. Hamilton, Circuit Judge. [57] [7184951] [21-1559, 21-1186, 21-1203] (MAN) [Entered: 09/10/2021 01:20 PM]
September 7, 2021 Filing 56 Filed Response by Appellant TJBC, Inc. in 21-1203 to Cincinnati Insurance Supplemental Authority. [56][7184041] [21-1203, 21-1186, 21-1559] (Barnes, Jason) [Entered: 09/07/2021 04:24 PM]
September 7, 2021 Filing 55 Received argument confirmation per argument email form for Attorney Jason O. Barnes for Appellant TJBC, Inc. in 21-1203. [55] [7183851] [21-1559, 21-1186, 21-1203] (CAH) [Entered: 09/07/2021 10:52 AM]
September 3, 2021 Filing 54 Received argument confirmation per argument email form for Attorney Mr. Jonathan Lubin for Appellant Bend Hotel Development Company, LLC in 21-1559 and for Appellant Sandy Point Dental, P.C. in 21-1186. [54] [7183675] [21-1559, 21-1186, 21-1203] (CAH) [Entered: 09/03/2021 04:37 PM]
September 3, 2021 Filing 53 Filed Appellee Cincinnati Insurance Company in 21-1203, 21-1186, 21-1559 Citation of Additional Authority, per Circuit Rule 28(e). Argument set for: 09/03/2021. [53] [7183673] [21-1203, 21-1186, 21-1559] (Litchfield, Daniel) [Entered: 09/03/2021 04:22 PM]
September 2, 2021 Filing 52 Received argument confirmation per argument email form for Attorney Mr. Gabriel Gillett for Amicus Curiae Restaurant Law Center and Illinois Restaurant Association. [52] [7183037] [21-1559, 21-1186, 21-1203] (CAH) [Entered: 09/02/2021 08:44 AM]
September 1, 2021 Filing 51 Received argument confirmation per argument email form for Attorney Daniel G. Litchfield for Appellee Cincinnati Insurance Company in 21-1559, 21-1186, 21-1203. [51] [7182963] [21-1559, 21-1186, 21-1203] (CAH) [Entered: 09/01/2021 03:53 PM]
September 1, 2021 Opinion or Order Filing 50 ORDER re: Joint motion to allocate argument time and for amicus curiae to participate in oral argument. IT IS ORDERED that the motion for the Restaurant Law Center and Illinois Restaurant Association to participate in oral argument as amici curiae is GRANTED. Two minutes of appellants time shall be allocated to the Restaurant Law Center and Illinois Restaurant Association. [ # 49 ] JPK [50] [7182945] [21-1559, 21-1186, 21-1203] (AP) [Entered: 09/01/2021 03:09 PM]
August 31, 2021 Filing 49 Motion filed by Amicus Curiae Restaurant Law Center and Appellant TJBC, Inc. in 21-1203, Appellant Sandy Point Dental, P.C. in 21-1186, Appellant Bend Hotel Development Company, LLC in 21-1559 to Allocate Argument Time and for Amici Curiae the Restaurant Law Center and the Illinois Restaurant Association to Participate in Oral Argument. [49] [7182674] [21-1203, 21-1186, 21-1559] (Gillett, Gabriel) [Entered: 08/31/2021 03:49 PM]
August 31, 2021 Filing 48 Filed Appellee Cincinnati Insurance Company in 21-1559, 21-1186, 21-1203 Citation of Additional Authority, per Circuit Rule 28(e). [48] [7182618] [21-1559, 21-1186, 21-1203] (Litchfield, Daniel) [Entered: 08/31/2021 02:34 PM]
August 31, 2021 Filing 47 Filed Appellee Cincinnati Insurance Company in 21-1203, 21-1186, 21-1559 Citation of Additional Authority, per Circuit Rule 28(e). [47] [7182605] [21-1203, 21-1186, 21-1559] (Litchfield, Daniel) [Entered: 08/31/2021 02:19 PM]
August 31, 2021 Filing 46 Filed Appellee Cincinnati Insurance Company in 21-1186, 21-1203, 21-1559 Citation of Additional Authority, per Circuit Rule 28(e). [46] [7182532] [21-1186, 21-1203, 21-1559] (Litchfield, Daniel) [Entered: 08/31/2021 12:07 PM]
August 26, 2021 Opinion or Order Filing 45 ORDER: Appeal nos. 21-1559, 21-1886, and 21-1203 are CONSOLIDATED for purposes of oral argument. The combined appellants are limited to 15 minutes for argument, and may determine how to allocate their argument time. Appellee Cincinnati Insurance is also limited to 15 minutes for argument. SCR [45] [7181688] [21-1559, 21-1186, 21-1203] (AG) [Entered: 08/26/2021 12:49 PM]
August 16, 2021 Opinion or Order Filing 44 ORDER: Pursuant to General Order 21-008, entered on August 13, 2021, counsel in this appeal shall present oral argument either telephonically or by video communications. No attorneys will be present in the courtroom. The clerks office will contact counsel with further instructions. WAIVER OF ORAL ARGUMENT: Not later than 14 days before the argument date, counsel may file a motion under Circuit Rule 34(e) to waive oral argument if the appeal can be resolved based on the briefs and record and the decisional process would not be significantly aided by oral argument. See FED. R. APP. P. 34(a). Counsel must first confer with opposing counsel before seeking a waiver of oral argument, and the motion must state whether the request is opposed or unopposed. The court prefers joint motions. SK [44] [7179386] [21-1186] (SK) [Entered: 08/16/2021 04:19 PM]
July 29, 2021 Filing 43 Received argument confirmation from Daniel G. Litchfield for Appellee Cincinnati Insurance Company. [43] [7175903] [21-1186] (Litchfield, Daniel) [Entered: 07/29/2021 09:43 AM]
July 27, 2021 Filing 42 Argument set for Friday, September 10,2021, at 9:30 a.m. in the Main Courtroom, Room 2721, of the United States Court of Appeals for the Seventh Circuit, 219 S. Dearborn Street, Chicago, Illinois. Each side limited to 10 minutes. [42] [7175530] [21-1186]--[Edited 07/27/2021 by SK to include updated procedures pursuant to General Orders 21-006 & 21-007] (SK) [Entered: 07/27/2021 03:18 PM]
July 6, 2021 Filing 41 Filed Appellee Cincinnati Insurance Company Citation of Additional Authority, per Circuit Rule 28(e). Argument set for: 09/10/2021. [41] [7171154] [21-1186] (Litchfield, Daniel) [Entered: 07/06/2021 03:34 PM]
June 21, 2021 Filing 40 Argument set for Friday, September 10, 2021, at 9:30 a.m. Each side limited to 10 minutes. [40] [7167765] [21-1186] (SK) [Entered: 06/21/2021 10:21 AM]
June 18, 2021 Filing 39 Amended Jurisdictional Statement filed by Appellee Cincinnati Insurance Company. [39] [7167679] [21-1186] (Litchfield, Daniel) [Entered: 06/18/2021 04:16 PM]
June 18, 2021 Filing 38 Filed Appellee Cincinnati Insurance Company Citation of Additional Authority, per Circuit Rule 28(e). [38] [7167678] [21-1186] (Litchfield, Daniel) [Entered: 06/18/2021 04:15 PM]
June 17, 2021 Opinion or Order Filing 37 ORDER: Appellee shall file a paper captioned Amended Jurisdictional Statement on or before June 24, 2021, that fully complies with the requirements of Circuit Rule 28(b). If appellants statements are not both complete and correct, as to both the district courts jurisdiction and appellate jurisdiction, appellee must provide a complete jurisdictional summary as to both this court and the district court. See Circuit Rule 28(a) IT IS FURTHER ORDERED that the Clerk DISTRIBUTE, along with the briefs in this appeal, copies of this order and appellees Amended Jurisdictional Statement to the assigned merits panel. (See order for details) DW [37] [7167471] [21-1186] (AP) [Entered: 06/17/2021 11:51 AM]
June 9, 2021 Filing 36 Paper copies of appellant reply brief filed by Appellant Sandy Point Dental, P.C.. [36] [7165969] [21-1186] (CAH) [Entered: 06/09/2021 04:19 PM]
June 7, 2021 Filing 35 Appellant's reply brief filed by Appellant Sandy Point Dental, P.C.. Paper copies due on 06/14/2021 Electronically Transmitted. [35] [7165334] [21-1186] (SK) [Entered: 06/07/2021 02:42 PM]
June 7, 2021 Filing 34 Submitted appellant reply brief by Jonathan Lubin for Appellant Sandy Point Dental, P.C.. [34] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7165290] [21-1186] (Lubin, Jonathan) [Entered: 06/07/2021 01:00 PM]
May 26, 2021 Filing 33 Paper copies of amicus brief filed by Amici Curiae American Property Casualty Insurance Association and National Association of Mutual Insurance Companies. [33] [7162935] [21-1186] (CAH) [Entered: 05/26/2021 09:34 AM]
May 24, 2021 Filing 32 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney LAURA A. FOGGAN for Amici Curiae American Property Casualty Insurance Association and National Association of Mutual Insurance Companies. [32] [7162470] (L-No; E-Yes; R-No) [21-1186] --[Edited 05/24/2021 by ER - added Attorney Laura A. Foggan] (Foggan, Laura) [Entered: 05/24/2021 03:51 PM]
May 24, 2021 Filing 31 Amicus brief filed by Amici Curiae National Association of Mutual Insurance Companies and American Property Casualty Insurance Association, by consent. Paper copies due on 06/01/2021. Electronically Transmitted. [31] [7162457] [21-1186] (MAN) [Entered: 05/24/2021 03:25 PM]
May 24, 2021 Filing 30 Re-Submitted brief by Wystan M. Ackerman for amicus American Property Casualty Insurance Association and National Association of Mutual Insurance Companies. Consent from all parties contained within brief. [30] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7162444] [21-1186] (Ackerman, Wystan) [Entered: 05/24/2021 03:09 PM]
May 24, 2021 Filing 29 Brief deficiency letter sent to Amicus American Property Casualty Insurance Association and National Association of Mutual Insurance Companies. [29] [7162363] [21-1186] (MAN) [Entered: 05/24/2021 01:05 PM]
May 24, 2021 Filing 28 Submitted brief by Wystan M. Ackerman for amicus American Property Casualty Insurance Association and National Association of Mutual Insurance Companies. Consent from all parties contained within brief. [28] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7162289] [21-1186] (Ackerman, Wystan) [Entered: 05/24/2021 11:40 AM]
May 24, 2021 Filing 27 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Wystan M. Ackerman for American Property Casualty Insurance Association and National Association of Mutual Insurance Companies. [27] [7162278] (L-Yes; E-Yes; R-No) [21-1186] (Ackerman, Wystan) [Entered: 05/24/2021 11:36 AM]
May 19, 2021 Filing 26 Paper copies of appellee brief and appendix filed by Appellee Cincinnati Insurance Company. [26] [7161348] [21-1186] (PNR) [Entered: 05/19/2021 11:06 AM]
May 17, 2021 Filing 25 Filed Appendix by Appellee Cincinnati Insurance Company. [25] [7160871] Paper copies due on 05/24/2021 [21-1186] (CM) [Entered: 05/18/2021 08:53 AM]
May 17, 2021 Filing 24 Appellee's brief filed by Appellee Cincinnati Insurance Company. Paper copies due on 05/24/2021 Electronically Transmitted. [24] [7160869] [21-1186] (CM) [Entered: 05/18/2021 08:51 AM]
May 17, 2021 Filing 23 Submitted Supplemental Appendix by Daniel G. Litchfield for Appellee Cincinnati Insurance Company. [23] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7160852] [21-1186] (Litchfield, Daniel) [Entered: 05/17/2021 11:49 PM]
May 17, 2021 Filing 22 Submitted appellee brief by Daniel G. Litchfield for Appellee Cincinnati Insurance Company. [22] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7160851] [21-1186] (Litchfield, Daniel) [Entered: 05/17/2021 11:48 PM]
May 12, 2021 Filing 21 Paper copies of appellant brief filed by Appellant Sandy Point Dental, P.C.. [21] [7159947] [21-1186] (DRS) [Entered: 05/12/2021 04:47 PM]
April 28, 2021 Filing 20 Brief deficiency letter sent to Appellant Sandy Point Dental, P.C. The Appellant brief was electronically filed on 04/16/2021. The paper copies of this brief were due to be submitted to the Clerk's Office by 04/23/2021. The paper copies have not been received by this court. Paper copies due on 05/05/2021 or the court may issue a Rule of Show Cause order pursuant to Circuit Rule 31. [20] [7156768] [21-1186] (CAH) [Entered: 04/28/2021 12:26 PM]
April 27, 2021 Filing 19 Paper copies of amicus brief filed by Amici Curiae United Policyholders. [19] [7156483] [21-1186] (CAH) [Entered: 04/27/2021 11:35 AM]
April 26, 2021 Filing 18 Amicus brief filed by Amicus Curiae United Policyholders per order. Paper copies due on 05/03/2021 Electronically Transmitted. [18] [7156393] [21-1186] (CM) [Entered: 04/27/2021 09:34 AM]
April 26, 2021 Filing 17 Instanter order issued GRANTING to file amicus brief. [ # 16 ] The clerk of this court shall file INSTANTER the tendered copies of the amicus brief. JPK [17] [7156325] [21-1186] (FP) [Entered: 04/26/2021 03:51 PM]
April 23, 2021 Filing 16 Filed Non-Party United Policyholder's Motion for Leave to File Amicus Brief by United Policyholders. [7155995] [21-1186] (Vishneski, John) [Entered: 04/23/2021 03:05 PM]
April 16, 2021 Filing 15 Appellant's brief filed by Appellant Sandy Point Dental, P.C.. Paper copies due on 04/23/2021 Electronically Transmitted. [15] [7154564] [21-1186] (DRS) [Entered: 04/16/2021 02:20 PM]
April 16, 2021 Filing 14 Submitted appellant brief by Jonathan Lubin for Appellant Sandy Point Dental, P.C.. [14] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7154536] [21-1186] (Lubin, Jonathan) [Entered: 04/16/2021 01:25 PM]
April 13, 2021 Filing 13 Filed district court order dated 04/07/2021, Plaintiff's motion to supplement the record on appeal is granted. Forwarded to SCR. [13] [7153750] [21-1186] (CM) [Entered: 04/13/2021 03:15 PM]
April 6, 2021 Filing 12 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Jonathan Lubin for Appellant Sandy Point Dental, P.C.. [12] [7152210] (L-Yes; E-Yes; R-No) [21-1186] [Edited 04/06/2021 by CG to reflect the addition of counsel.] (Lubin, Jonathan) [Entered: 04/06/2021 03:11 PM]
March 11, 2021 Filing 11 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Alan I. Becker for Appellee Cincinnati Insurance Company. [11] [7146763] (L-No; E-Yes; R-No) [21-1186] [11] [7146763] [21-1186]--[Edited 03/11/2021 by ZNS to reflect the addition of counsel] (Becker, Alan) [Entered: 03/11/2021 02:07 PM]
March 11, 2021 Filing 10 NOTICE: Circuit Rule 46(a) requires lead counsel be admitted to practice within 30 days of the date the appeal/petition was docketed. The rule also requires any attorney wishing to present oral argument to be admitted. Our records indicate as of this date Attorney Charles Aaron Silverman for Appellant Sandy Point Dental, P.C. has/have not been admitted to practice in this court. Within 21 days, please file your application for admission by going to: http://www.ca7.uscourts.gov/forms/forms7.htm and choosing the link, "Application for Admission to Practice in the Seventh Circuit". [10] [7146734] [21-1186] (LJ) [Entered: 03/11/2021 12:56 PM]
March 4, 2021 Opinion or Order Filing 9 ORDER: Pursuant to Circuit Rule 33, briefing will proceed as follows: Appellant's brief due on or before 04/16/2021 for Sandy Point Dental, P.C.. Appellee's brief due on or before 05/17/2021 for Cincinnati Insurance Company. Appellant's reply brief, if any, is due on or before 06/07/2021 for Appellant Sandy Point Dental, P.C. JNS [7145234] [21-1186] (AG) [Entered: 03/04/2021 08:51 AM]
February 22, 2021 Filing 8 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Daniel G. Litchfield for Appellee Cincinnati Insurance Company. [8] [7143039] (L-No; E-Yes; R-No) [21-1186] [Edited 02/23/2021 by AG to reflect addition of counsel] (Litchfield, Daniel) [Entered: 02/22/2021 04:13 PM]
February 22, 2021 Filing 7 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Brian M. Reid for Appellee Cincinnati Insurance Company. [7] [7142940] (L-Yes; E-Yes; R-No) [21-1186] (Reid, Brian) [Entered: 02/22/2021 02:05 PM]
February 9, 2021 Filing 6 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Charles Aaron Silverman for Appellant Sandy Point Dental, P.C.. [6] [7140530] (L-No; E-Yes; R-No) [21-1186] (Silverman, Charles) [Entered: 02/09/2021 05:39 PM]
February 9, 2021 Filing 5 Filed Seventh Circuit Transcript Information Sheet by Appellant Sandy Point Dental, P.C.. [5] [7140529] [21-1186] (Silverman, Charles) [Entered: 02/09/2021 05:37 PM]
February 9, 2021 Opinion or Order Filing 4 ORDER: Pursuant to Circuit Rule 33, briefing will proceed as follows: Appellant's brief due on or before 03/26/2021 for Sandy Point Dental, P.C.. Appellee's brief due on or before 04/26/2021 for Cincinnati Insurance Company. Appellant's reply brief, if any, is due on or before 05/17/2021 for Appellant Sandy Point Dental, P.C. JNS [7140272] [21-1186] (AD) [Entered: 02/09/2021 09:15 AM]
February 8, 2021 Filing 3 Notice of Circuit Rule 33 mediation issued. The mediation will be conducted by phone, Friday, February 26, 2021 at 2:00 p.m. Central Time. See Notice for further details and requirements. JNS [3] [7140270] [21-1186] (AD) [Entered: 02/09/2021 09:10 AM]
February 5, 2021 Filing 2 Docketing statement Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Jonathan Lubin, Charles Aaron Silverman for Appellant Sandy Point Dental, P.C.. [2] [7139842] (L-Yes; E-Yes; R-No) [21-1186]--[Edited 02/09/2021 by FP to reflect that this is a docketing statement not disclosure.] (Lubin, Jonathan) [Entered: 02/05/2021 12:49 PM]
January 29, 2021 Filing 1 Private civil case docketed. Fee paid. Docketing Statement due for Appellant Sandy Point Dental, P.C. by 02/04/2021. Transcript information sheet due by 02/12/2021. Appellant's brief due on or before 03/10/2021 for Sandy Point Dental, P.C.. [1] [7138463] [21-1186] (PS) [Entered: 02/01/2021 11:15 AM]

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Search for this case: Sandy Point Dental, P.C. v. Cincinnati Insurance Company
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Defendant / appellee: CINCINNATI INSURANCE COMPANY
Represented By: Brian M. Reid
Represented By: Daniel G. Litchfield
Represented By: Alan I. Becker
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Plaintiff / appellant: SANDY POINT DENTAL, P.C.
Represented By: Charles Aaron Silverman
Represented By: Jonathan Lubin
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Amicus curiae: AMERICAN PROPERTY CASUALTY INSURANCE ASSOCIATION
Represented By: Wystan M. Ackerman
Represented By: Laura A. Foggan
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Amicus curiae: NATIONAL ASSOCIATION OF MUTUAL INSURANCE COMPANIES
Represented By: Wystan M. Ackerman
Represented By: Laura A. Foggan
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Amicus curiae: UNITED POLICYHOLDERS
Represented By: John S. Vishneski III
Represented By: George M. Plews
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