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ADAIR GROUP v. ST. PAUL FIRE AND MARINE INS.

No. 05-1350.

477 F.3d 1186 (2007)

ADAIR GROUP, INC., a Colorado corporation, Plaintiff-Appellant, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, a Minnesota corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

February 26, 2007.

Attorney(s) appearing for the Case

Dennis B. Polk (James J. Emanuel with him on the briefs), Holley, Albertson & Polk, P.C., Golden, CO, for Plaintiff-Appellant.

David B. Gelman (Ronald H. Nemirow, Kennedy Childs & Fogg, P.C., Denver, CO, and Eric J. Strobel, Hinshaw & Culbertson LLP, Minneapolis, MN, with him on the briefs), Kennedy Childs and Fogg, P.C., Denver, CO, for Defendant-Appellee.

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

McKAY, Circuit Judge.

In this case, we are called upon to interpret a commercial general liability insurance policy issued to Adair Group, Inc. ("Adair") by St. Paul Fire and Marine Insurance Co. ("St.Paul"). Specifically, we are asked to review the district court's grant of summary judgment to St. Paul on the issue of insurance coverage.

Adair sought indemnity from St. Paul for a $2.5 million arbitration award setoff against Adair for construction deficiencies...

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