Summary
emphasizing that "a formal claim against the policy or suit by [a claimant] was not required"
Summary of this case from AmGuard Ins. Co. v. SG Patel & Sons II LLCOpinion
No. 10-1305.
July 5, 2011.
Present: FUENTES, VANASKIE and NYGAARD, Circuit Judges.
SUR PETITION FOR PANEL REHEARING
The Petition for Panel Rehearing filed by the Appellant in the above-entitled matter, having been submitted to the judges who participated in the decision of this court is hereby GRANTED. The opinion and judgment entered May 11, 2011 are hereby vacated.
The Clerk is instructed to reinstate the appeal in No. 10-1305. The matter will be submitted to the next available merits panel.
IT IS SO ORDERED.