AZTAR CORPORATION, a Delaware Corporation, Plaintiff/Appellant,
v.
U.S. FIRE INSURANCE COMPANY; Westchester Surplus Lines Insurance Company; Essex Insurance Company; Certain Underwriters at Lloyd's, London; Axis Specialty Limited; Hartford Fire Insurance Company; Zurich American Insurance Company, Defendants/Appellees.
Court of Appeals of Arizona, Division 1, Department T.https://leagle.com/images/logo.png
January 28, 2010.
January 28, 2010.
Attorney(s) appearing for the Case
Fennemore Craig, P.C. By Timothy J. Burke, Phoenix, Attorneys for Plaintiff-Appellant Aztar Corporation.
Covington & Burling LLP By David B. Goodwin, San Francisco, CA, (Admitted pro hac vice) Attorneys for Plaintiff-Appellant Aztar Corporation.
Renaud, Cook, Drury, Mesaros, PA By Steven G. Mesaros, Phoenix, Attorneys for Defendants-Appellees U.S. Fire Insurance Company; Westchester Surplus Lines Insurance Company; Essex Insurance Company; Certain Underwriters at Lloyd's, London; and Axis Specialty Limited.
Clausen Miller, P.C. By Melinda S. Kollross, (Admitted pro hac vice) Edward M. Kay (Admitted pro hac vice) Celeste A. Hill (Admitted pro hac vice), Chicago, IL, Attorneys for Defendants-Appellees U.S. Fire Insurance Company; Westchester Surplus Lines Insurance Company; Essex Insurance Company; Certain Underwriters at Lloyd's, London; and Axis Specialty Limited.
Clausen Miller, P.C. By Andrew C. Jacobson (Admitted pro hac vice) Courtney E. Murphy (Admitted pro hac vice), New York, NY, Attorneys for Defendants-Appellees U.S. Fire Insurance Company; Westchester Surplus Lines Insurance Company; Essex Insurance Company; Certain Underwriters at Lloyd's, London; and Axis Specialty Limited.
The Cavanagh Law Firm, P.A. By Scott A. Salmon, Christopher Robbins, Phoenix, Attorneys for Defendant-Appellee Hartford Fire Insurance Company.
Lewis Brisbois Bisgaard & Smith By James K. Kloss, Phoenix, Attorneys for Defendant-Appellee Zurich American Insurance Company.
Mound Cotton Wollan & Greengrass By Philip C. Silverberg (Admitted pro hac vice) Mark S. Katz (Admitted pro hac vice), New York, NY, Attorneys for Defendant-Appellee Zurich American Insurance Company.
Court of Appeals of Arizona, Division 1, Department T.
OPINION
BARKER, Judge.
¶ 1 We address in this opinion, among other issues, what the term "interruption of business, whether total or partial" means in this contract of insurance.
Facts and Procedural History
1. Tropicana Expansion Project
¶ 2 At all times relevant to this appeal, Appellant Aztar Corporation ("Aztar"), a Phoenix-based corporation, owned and operated the Tropicana Casino and Resort ("Tropicana...
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