SOUTHERN HOSPITALITY v. ZURICH AMERICAN

No. 03-6294.

393 F.3d 1137 (2004)

SOUTHERN HOSPITALITY, INC.; Augusta Hotel Limited Partnership; BA Hotel Limited Partnership; Charlottesville Hotel Fund Limited Partnership; Cocoa Beach Hotel Fund Limited Partnership; Columbia Hotel Limited Partnership; Diamond Bar Hotel Fund Limited Partnership; Lubbock Hotel Fund Limited Partnership; Novi Hotel Fund Limited Partnership; Lake Buena Vista Village Hotel Fund Limited Partnership; Phoenix Metrocenter Hotel Limited Partnership; Union City Hotel Fund Limited Partnership, Plaintiffs-Appellants, v. ZURICH AMERICAN INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

December 30, 2004.


Attorney(s) appearing for the Case

Timothy D. DeGiusti and Bobbie T. Shell of Holladay, Chilton & DeGiusti, Oklahoma City, OK, for Plaintiffs-Appellants.

William D. Perrine and Jennifer L. Struble of Perrine, McGivern, Redemann, Reid, Berry & Taylor, PLLC, Tulsa, OK, for Defendant-Appellee.

Before SEYMOUR and ANDERSON, Circuit Judges, and KANE, Senior District Judge.


SEYMOUR, Circuit Judge.

This case arises from the denial of insurance claims after the events of September 11, 2001. The district court granted summary judgment in favor of defendant insurance company, Zurich American Insurance (Zurich), on plaintiffs' claims that their loss of business income was covered by their Zurich policy. The losses were sustained because customers canceled their visits to hotels plaintiffs operated when the Federal Aviation Administration...

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