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CITY CENTER WEST, LP v. AMERICAN MODERN HOME INS.

No. 12-1343.

741 F.3d 1338 (2014)

CITY CENTER WEST, LP, a Colorado limited partnership, Plaintiff-Appellant, v. AMERICAN MODERN HOME INSURANCE COMPANY, an Ohio corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

February 6, 2014.

Attorney(s) appearing for the Case

Adam F. Aldrich ( Kenneth R. Bennington with him on the briefs), Bennington Johnson Biermann & Craigmile, LLC, Denver, CO, for Plaintiff-Appellant.

Christopher J. Shannon ( Patrick Q. Hustead with him on the brief), The Hustead Law Firm, Denver, CO, for Defendant-Appellee.

Before HARTZ, HOLLOWAY, and HOLMES, Circuit Judges.

HARTZ, Circuit Judge.

A bank obtained insurance on a commercial property mortgaged to it by a borrower. The policy prohibited an assignment "of this Policy" without the insurer's consent. J.App. at 36. But after the property was damaged, the bank assigned its loss claim to the borrower. The insurer refused to pay the borrower's claim because of the nonassignment provision, and the borrower sued. The district court held that the suit was barred and awarded judgment...

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