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CATLIN SYNDICATE v. IMPERIAL PALACE OF MISSISSIPPI

No. 09-60209.

600 F.3d 511 (2010)

CATLIN SYNDICATE LIMITED, Plaintiff-Appellee, v. IMPERIAL PALACE OF MISSISSIPPI, INC.; Imperial Palace of Mississippi, LLC, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

March 15, 2010.

Attorney(s) appearing for the Case

Kyle Stuart Moran, Mark Vincent Watts, Phelps Dunbar, L.L.P., Gulfport, MS, Kenneth W. Erickson (argued), Seth Carlton Harrington, Ropes & Gray, L.L.P., Boston, MA, for Plaintiff-Appellee.

William Mark Edwards (argued), Ronald G. Peresich (argued), Page, Mannino, Peresich & McDermott, P.L.L.C., Biloxi, MS, Johanna Malbrough McMullan, Randi Peresich Mueller, Page, Mannino, Peresich & McDermott, P.L.L.C., Jackson, MS, for Defendants-Appellants.

Before JONES, Chief Judge, and BENAVIDES and PRADO, Circuit Judges.

PRADO, Circuit Judge:

Insurer Catlin Syndicate and casino operator Imperial Palace disagree about how to determine loss under the business-interruption provision of the insurance policy that Catlin issued to Imperial Palace. Catlin argues that the business-interruption provision unambiguously indicates that only historical sales figures should be considered when determining loss. Imperial Palace argues that the provision is ambiguous, and therefore sales figures after...

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