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BITUMINOUS CAS. CORP. v. COWEN CONST., INC.

No. 95,971.

55 P.3d 1030 (2002)

2002 OK 34

BITUMINOUS CASUALTY CORP., Plaintiff, v. COWEN CONSTRUCTION, INC., and Hospital Casualty Company, Defendants.

Supreme Court of Oklahoma.

Rehearing Denied September 10, 2002.

Attorney(s) appearing for the Case

Robert N. Naifeh, Jr. of Derryberry, Quigley, Solomon, Blankenship & Naifeh, Oklahoma City, OK, for the plaintiff.

Alan Wayne Gentges of Scott & Gentges, Tulsa, OK, for the defendant, Cowen Construction, Inc.

Michael J. Heron, Mary Beth Hanan and Patrick R.B. Sherry of Johnson Hanan & Heron, Oklahoma City, OK, for the defendant, Hospital Casualty Co.

LAVENDER, J.

¶ 1 Pursuant to the Uniform Certification of Questions of Law Act, 20 O.S.1991 §§ 1601 et seq., the United States District Court for the Northern District of Oklahoma certified the following questions:

1. Under Oklahoma law, what is the proper "trigger of coverage" theory to determine the applicability of a commercial general liability policy1 to injuries allegedly...

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