TIMBERLAKE CONST. CO. v. U.S. FIDELITY AND GUAR. CO.

Nos. 94-6080, 94-6149.

71 F.3d 335 (1995)

TIMBERLAKE CONSTRUCTION CO., Plaintiff-Appellee/Cross-Appellant, v. U.S. FIDELITY AND GUARANTY CO., Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

November 22, 1995.


Attorney(s) appearing for the Case

Sarah J. Rhodes (Mort G. Welch and Murray E. Abowitz, with her on the briefs), Abowitz, Welch & Rhodes, Oklahoma City, Oklahoma, for Plaintiff-Appellee/Cross-Appellant.

Larry D. Ottaway (Darrell W. Downs, with him on the briefs), Foliart, Huff, Ottaway & Caldwell, Oklahoma City, Oklahoma, for Defendant-Appellant/Cross-Appellee.

Before KELLY and BARRETT, Circuit Judges, and OWEN, Senior District Judge.


OWEN, Senior District Judge.

Defendant-appellant U.S. Fidelity and Guaranty Company ("Fidelity") appeals from an adverse jury verdict in an action commenced by its insured, plaintiff-appellee Timberlake Construction Company.

Timberlake contracted with Wal-Mart Stores to build a Wal-Mart supercenter in Claremore, Oklahoma. It purchased a $4,600,000 builders' risk insurance policy from Fidelity to cover risks associated with construction of the building. The...

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