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ZURICH NORTH AMERICA v. MATRIX SERVICE, INC.

Nos. 04-5101, 05-5027.

426 F.3d 1281 (2005)

ZURICH NORTH AMERICA, Plaintiff-Appellant, v. MATRIX SERVICE, INC., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

October 18, 2005.

Attorney(s) appearing for the Case

Submitted on the briefs.*

Theodore D. Aden and Sheila A. Woolson of Epstein Becker & Green, P.C., Newark, NJ, for Plaintiff-Appellant.

Timothy A. Heefner and James L. Gibbs, III of Goolsby Olson & Proctor, P.C., Oklahoma City, OK, for Defendant-Appellant.

Before EBEL, O'BRIEN and TYMKOVICH, Circuit Judges.

O'BRIEN, Circuit Judge.

The present dispute is a diversity action involving Zurich American Insurance Co.'s (Zurich) payment of medical expenses incurred by Enrique Ortiz, a Matrix Service, Inc. (Matrix) employee. Matrix contracted with Zurich to provide stop-loss coverage for medical expenses incurred by eligible Matrix employees for amounts that exceed Matrix's basic coverage. Matrix paid health benefits on behalf of its employee, Ortiz, up to its policy obligation...

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