United States Tenth Circuit

In an appeal arising out of a claim under a commercial umbrella insurance policy resulting from an explosion at plaintiff's scrapyard, summary judgment for defendant-insurer denying plaintiff's claim is reversed as, contrary to the findings below, the policy was ambiguous. A remand was proper to determine whether summary judgment for plaintiff should be granted as defendant had no opportunity to respond to its motion below.

Appellate Information

• Decided 08/27/2007
• Published 08/28/2007

Judges

• HARTZ, Circuit Judge., Before BRISCOE, HARTZ, and GORSUCH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Harvey D. Ellis, Jr. (Kevin D. Gordon and Jesse C. White, with him on the brief), Crowe & Dunlevy, Oklahoma City, OK, for Plaintiff-Appellant.


• For Appellees:
  
• Edward J. Main (James K. Secrest, II, and Roger N. Butler, Jr., with him on the brief), Secrest, Hill & Butler, Tulsa, OK, for Defendant-Appellee.