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IN RE HNRC DISSOLUTION CO.

No. 07-5894.

536 F.3d 683 (2008)

In re HNRC DISSOLUTION COMPANY, formerly known as Horizon Natural Resources Company, et al., Debtors. Zurich American Insurance Company, Appellant, v. Lexington Coal Co., LLC, Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 13, 2008.

Attorney(s) appearing for the Case

ARGUED: Karen Lee Turner, Eckert, Seamans, Cherin & Mellott, LLC, Philadelphia, Pennsylvania, for Appellant. Gregory R. Schaaf, Greenebaum, Doll & McDonald, PLLC, Lexington, Kentucky, for Appellee. G. Eric Brunstad, Jr., Bingham McCutchen LLP, Hartford, Connecticut, for Amicus Curiae. ON BRIEF: Karen Lee Turner, Gary D. Bressler, Eckert, Seamans, Cherin & Mellott, LLC, Philadelphia, Pennsylvania, Douglas T. Logsdon, McBrayer, McGinnis, Leslie & Kirkland, PLLC, Lexington, Kentucky, for Appellant. Gregory R. Schaaf, Margaret A. Miller, Greenebaum, Doll & McDonald, PLLC, Lexington, Kentucky, Barbara Reid Hartung, Greenebaum, Doll & McDonald, PLLC, Louisville, Kentucky, for Appellee. G. Eric Brunstad, Jr., Collin O'Connor Udell, Bingham McCutchen LLP, Hartford, Connecticut, for Amicus Curiae.

Before: ROGERS and McKEAGUE, Circuit Judges; ADAMS, District Judge.

OPINION

PER CURIAM.

Zurich American Insurance Co. ("Zurich") provided insurance coverage to Horizon Natural Resources Co., et al., ("the Debtors") during the pendency of the Debtors' Chapter 11 bankruptcy proceedings. The policies issued to the Debtors were "deductible policies," meaning that Zurich would pay the entirety of any claims made and would later seek reimbursement from the Debtors for the deductible portion. After confirmation of the Debtors'...

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