YAFFE COMPANIES v. GREAT AMERICAN INS. CO.

No. 06-7057.

499 F.3d 1182 (2007)

The YAFFE COMPANIES, INC., Plaintiff-Appellant, v. GREAT AMERICAN INSURANCE COMPANY, INC., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 27, 2007.


Attorney(s) appearing for the Case

Harvey D. Ellis, Jr. (Kevin D. Gordon and Jesse C. White, with him on the brief), Crowe & Dunlevy, Oklahoma City, OK, for Plaintiff-Appellant.

Edward J. Main (James K. Secrest, II, and Roger N. Butler, Jr., with him on the brief), Secrest, Hill & Butler, Tulsa, OK, for Defendant-Appellee.

Before BRISCOE, HARTZ, and GORSUCH, Circuit Judges.


HARTZ, Circuit Judge.

This appeal arises out of a claim under a commercial umbrella insurance policy. The district court entered summary judgment in favor of Great American Insurance Company, Inc., denying the claim of the Yaffe Companies, Inc. on the ground that the policy unambiguously precluded coverage. Yaffe Cos., Inc. v. Great Am. Ins. Co., No. CV-05-466-FHS, 2006 WL 1388448, at *3, *5 (E.D.Okla. May 12, 2006). We hold that the policy is ambiguous and...

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