TRAVELERS PROPERTY CAS., AMERICA v. CONOCOPHILLIPS CO.

Nos. 06-15664, 06-15814.

546 F.3d 1142 (2008)

TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, a Connecticut corporation, Plaintiff-Appellant, v. CONOCOPHILLIPS COMPANY, as successor-in-interest to Tosco Corporation, a Nevada corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 20, 2008.


Attorney(s) appearing for the Case

David C. Capell, Gordon & Rees, San Francisco, CA, for the plaintiff-appellant.

James L. Day, Latham & Watkins, San Francisco, CA, for the defendant-appellee.

Before: A. WALLACE TASHIMA and SUSAN P. GRABER, Circuit Judges, and ROBERT J. TIMLIN, District Judge.


TASHIMA, Circuit Judge:

In these consolidated appeals, Travelers Property Casualty Company of America ("Travelers") appeals from the district court's judgment in favor of Tosco Corporation ("Tosco")1 and from the district court's award of costs. Travelers contends that Tosco breached the unambiguous language of the workers' compensation insurance policy (the "Policy") that Travelers issued to...

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