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JAMES RIVER INS. CO. v. HEBERT SCHENK, P.C.

No. 06-15622.

523 F.3d 915 (2008)

JAMES RIVER INSURANCE COMPANY, a foreign corporation, Plaintiff-Appellee, v. HEBERT SCHENK, P.C., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 18, 2008.

Amended April 25, 2008.

Attorney(s) appearing for the Case

Steven Plitt and Joshua D. Rogers, Kunz Plitt Hyland Demlong & Kleinfeld, Phoenix, AZ, for the defendant-appellant.

Martha E. Gibbs, Snell & Wilmer LLP, Phoenix, AZ, for the plaintiff-appellee.

Before: WILLIAM C. CANBY, JR., DAVID R. THOMPSON, and MILAN D. SMITH, JR., Circuit Judges.

ORDER AMENDING OPINION AND AMENDED OPINION

ORDER

The opinion filed on March 18, 2008 is amended as follows:

At Slip Op. p. 2540, line 33, to p. 2541, lines 1-2, replace <construes ambiguity in insurance applications in favor of the insured, Stewart, 817 P.2d at 49, we must conclude that Question 10(c) elicits a subjective determination.> with <tends to construe ambiguity in insurance applications in favor of the insured, Employers...

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