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NEWMONT U.S.A. v. INSURANCE CO. OF NORTH AMERICA

Nos. 08-1347, 08-1370.

615 F.3d 1268 (2010)

NEWMONT U.S.A. LIMITED, formerly known as Newmont Mining Corporation, and N.I. Limited, Plaintiffs-Counter-Claim-Defendants-Appellants-Cross-Appellees, v. INSURANCE COMPANY OF NORTH AMERICA, Defendant-Counter-Claimant-Appellee-Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

August 11, 2010.

Attorney(s) appearing for the Case

Mark A. Wielga, Temkin Wielga Hardt & Longenecker LLP, Denver, CO (Nathan M. Longenecker and Jason B. Robinson, Temkin Wielga Hardt & Longenecker LLP, Denver, CO and Robert L. Tofel and Mark A. Lopeman, Tofel & Partners, LLP, New York, N.Y. with him on the briefs) for Plaintiffs-Counter-Claim-Defendants-Appellants-Cross-Appellees.

Lloyd A. Gura, Mound Cotton Wollan & Greengrass, New York, N.Y. (Matthew J. Lasky, Mound Cotton Wollan & Greengrass, New York, N.Y. and Andrew D. Ringel, Hall & Evans, Denver, CO with him on the briefs) for Defendant-Counter-Claimant-Appellee-Cross Appellant.

Before TACHA, ALARCÓN, and TYMKOVICH, Circuit Judges.

TYMKOVICH, Circuit Judge.

In this insurance matter, Newmont U.S.A. Limited (Newmont), f/k/a Newmont Mining Corporation, and N.I. Limited (NIL) brought suit against the Insurance Company of North America (INA). Newmont sought a declaratory judgment that NIL was no longer liable to INA for reinsurance arising out of policies INA had issued to Newmont, and an injunction barring INA from proceeding to arbitrate the companies' disputes. The district court compelled arbitration...

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