CLEARONE COMMU. v. NAT'L UNION FIRE INS., PIT., PA

No. 05-4294.

494 F.3d 1238 (2007)

CLEARONE COMMUNICATIONS, INC., a Utah corporation, and Edward Dallin Bagley, Plaintiffs-Appellants, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA, a Pennsylvania corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

July 25, 2007.


Attorney(s) appearing for the Case

Raymond J. Etcheverry, Parsons Behle & Latimer, Salt Lake City, UT, for Appellant ClearOne Communications, Inc., and Jefferson W. Gross, Burbidge & Mitchell, Salt Lake City, UT, for Appellant Edward Dallin Bagley (Kent O. Roche, Parsons Behle & Latimer, Salt Lake City, UT, and Richard D. Burbidge and Robert J. Shelby, Burbidge & Mitchell, Salt Lake City, UT, with them on the briefs).

Roy G. Weatherup, Lewis Brisbois Bisgaard & Smith, LLP, Los Angeles, CA, for Appellee (Douglas R. Irvine and Matthew L. Seror, Lewis Brisbois Bisgaard & Smith, LLP, Los Angeles, CA, and Phillip S. Ferguson and Anneliese C. Booher, Christensen & Jensen, P.C., Salt Lake City, UT, with him on the brief).

Before HENRY, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and TYMKOVICH, Circuit Judge.


TYMKOVICH, Circuit Judge.

National Union Fire Insurance Company of Pittsburgh, Pennsylvania rescinded an executive liability insurance policy it issued to ClearOne Communications, Inc. based on misrepresentations in financial statements accompanying ClearOne's application for the insurance. ClearOne filed suit challenging National Union's action. The district court granted summary judgment in favor of National Union, concluding National Union properly rescinded the...

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