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United States Tenth Circuit


NAT'L UNION FIRE INS. CO. OF PITTSBURGH v. LSB INDUS., INC., 01-6249

An insurance company's demands for unpaid insurance premiums were not barred, where the terms of mutually consented-to retention agreements, which provide for interim insurance premium adjustments, are structured so that the statute of limitations is not triggered until a final premium adjustment becomes due.

Appellate Information

  • Decided 07/10/2002
  • Published 07/10/2002

Judges

  • ALDISERT, Circuit Judge., Before SEYMOUR, ALDISERT  and EBEL, Circuit Judges.

Court

  • United States Tenth Circuit

Counsel

  • For Appellees:
  • Patrick M. Ryan (Phillip G. Whaley with him on the briefs) of Ryan & Whaley, P.C., Oklahoma City, Oklahoma, for Defendants-Appellants., Michael S. Davis of Zeichner Ellman & Krause LLP, New York, New York, (Kenneth C. Rudd of Zeichner Ellman & Krause LLP, New York, New York;  Daniel S. Sullivan and Matthew B. Free of Best & Sharp, Tulsa, Oklahoma, with him on the brief) for Plaintiff-Appellee.
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