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MARKWEST HYDROCARBON, INC. v. LIBERTY MUT. INS. CO.

No. 08-1186.

558 F.3d 1184 (2009)

MARKWEST HYDROCARBON, INC.; MarkWest Energy Partners, L.P.; MarkWest Energy Appalachia, L.L.C., Plaintiffs-Appellants, v. LIBERTY MUTUAL INSURANCE COMPANY; Birmingham Fire Insurance Company Of Pennsylvania; Ace American Insurance Company; Arch Insurance Company, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 9, 2009.

Attorney(s) appearing for the Case

Thomas D. Leland, Messner & Reeves, L.L.C., Denver, CO (Leah E. Capritta, Messner & Reeves, L.L.C., Denver, CO, and Edward M. Joyce, Heller Ehrman, L.L.P., New York, NY, with him on the briefs) for Plaintiffs-Appellants.

William A. Webster (David S. Evinger and Elizabeth D. Le, with him on the brief) Robins, Kaplan, Miller & Ciresi, L.L.P., Los Angeles, CA, for Defendants-Appellees.

Before KELLY, EBEL, and GORSUCH, Circuit Judges.

GORSUCH, Circuit Judge.

An explosion in a natural liquid gas pipeline operated by MarkWest caught the attention of the U.S. Office of Pipeline Safety. That office ordered MarkWest to conduct a series of tests on its pipeline, and to repair "integrity threatening conditions" discovered in the course of those tests. MarkWest filed a claim with its insurance carriers seeking to recoup certain loses it incurred as a result of the explosion and its compliance with the...

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