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OHIO CAS. INS. CO. v. UNIGARD INS. CO.

No. 08-4003.

564 F.3d 1192 (2009)

The OHIO CASUALTY INSURANCE COMPANY, Plaintiff/Counter-Defendant/Cross-Defendant/Appellant, v. UNIGARD INSURANCE COMPANY, Plaintiff/Intervenor/Cross-Claimant/Appellee, and West American Insurance Company, Plaintiff/Counter-Defendant/Cross-Defendant, v. Cloud Nine, a Utah corporation; EASY SEAT, a Utah corporation; Rodney Ford, a New York resident, individually; Blaine Ford, a Utah resident, individually; and Rex Haddock, a Utah resident, Defendants/Counter-Claimants.

United States Court of Appeals, Tenth Circuit.

April 28, 2009.

Attorney(s) appearing for the Case

Barbara K. Berrett, Mark D. Taylor, Berrett & Assoc., L.C., Salt Lake City, UT, for Plaintiff /Counter-Defendant/Cross-Defendant/Appellant.

Ray R. Christensen, Rebecca L. Hill, Christensen & Jensen, Salt Lake City, UT, for Plaintiff/Intervenor/Cross-Claimant/Appellee.

Michael L. Ford, Salt Lake City, UT, for Defendants/Counter-Claimants.

Before HENRY, Chief Judge, and BRISCOE and LUCERO, Circuit Judges.

ORDER CERTIFYING STATE LAW QUESTION

ROBERT H. HENRY, Chief Judge.

The Ohio Casualty Insurance Company filed this declaratory judgment action to determine its rights and obligations to defend or indemnify the defendants Cloud Nine, LLC, Easy Seat, Rodney Ford, Rex Haddock, and Blaine Ford ("the Cloud Nine defendants") as to claims asserted in EdiZone, L.C., v. Cloud Nine, LLC et al., No. 1:04-CV-117, 2008 WL 2178021 (D.Utah May 23, 2008). Ohio Casualty...

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