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NATIONAL AMERICAN INS. v. AMERICAN RE-INSURANCE

No. 03-6088.

358 F.3d 736 (2004)

NATIONAL AMERICAN INSURANCE COMPANY, an Oklahoma Corporation, Plaintiff-Appellant, v. AMERICAN RE-INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

February 12, 2004.

Attorney(s) appearing for the Case

Joseph K. Goerke, Driskill & Jones, (Alison A. Cave, Driskill & Jones, Oklahoma City, OK, and R. Patrick Gilmore, Chandler, OK, with him on the briefs), appearing for Appellant.

Robert D. Allen, Baker & McKenzie, Dallas, TX, (William W. Speed, Law Offices of William W. Speed, Ada, OK, with him on the brief), appearing for Appellee.

Before TACHA, Chief Circuit Judge, McKAY, and TYMKOVICH, Circuit Judges.

TACHA, Chief Circuit Judge.

Plaintiff-Appellant National American Insurance Company ("NAICO") brought breach of contract claims against Defendant-Appellee American Re-Insurance Company ("Am-Re"). Upon motion for summary judgment by Am-Re, the district court held the relevant reinsurance policy language ambiguous, admitted Am-Re's uncontroverted parol evidence supporting its interpretation of the policy, and granted Am-Re summary judgment. This appeal followed. We...

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