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UNITED FIRE & CAS. v. BOULDER PLAZA RESIDENTIAL

Nos. 10-1056, 10-1075.

633 F.3d 951 (2011)

UNITED FIRE & CASUALTY COMPANY, an Iowa corporation, Plaintiff-Counterclaim Defendant-Appellee/Cross-Appellant, v. BOULDER PLAZA RESIDENTIAL, LLC, a Colorado limited liability company, Defendant-Counterclaim Plaintiff-Appellant/Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

January 27, 2011.

Attorney(s) appearing for the Case

George V. Berg, Jr. ( Heidi C. Potter , and Judy B. Snyder with him on the briefs), Berg Hill Greenleaf & Ruscitti LLP, Boulder, CO, for the Plaintiff-Counterclaim Defendant-Appellee/Cross-Appellant.

Elizabeth C. Moran ( Michael S. Drew , and Kevin P. Ahearn with her on the briefs), Pryor Johnson Carney Karr Nixon, P.C., Greenwood Village, CO, for the Defendant-Counterclaim Plaintiff-Appellant/Cross-Appellee.

Before LUCERO, BALDOCK, and HOLMES, Circuit Judges.

LUCERO, Circuit Judge.

Boulder Plaza Residential, LLC ("BPR") appeals the district court's grant of summary judgment for United Fire & Casualty Co. ("UFC"). In its order granting summary judgment, the district court held that under Colorado law, UFC, an insurer, owed no duty of defense, nor duty of indemnification. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.

I

A

BPR, a real estate developer, and McCrery & Roberts...

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