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ACE FIRE UNDERWRITERS INS. CO. v. ROMERO

No. 14-2073.

831 F.3d 1285 (2016)

ACE FIRE UNDERWRITERS INSURANCE COMPANY, Plaintiff Counter Defendant-Appellant, v. Dave ROMERO, Jr., as personal representative of the wrongful death proceedings of Jose A. (Felix) Chavez, deceased; Isabel Chavez, individually; Brandon Chavez, individually; Luis Gutierrez, individually; Tiffany Fisher, individually, Defendants Counter Plaintiffs-Appellees.

United States Court of Appeals, Tenth Circuit.

August 1, 2016.

Attorney(s) appearing for the Case

Danny L. Worker , Lewis Brisbois Bisgaard & Smith, LLP, Chicago, Illinois; ( Stephen D. Hoffman , Lewis Brisbois Bisgaard & Smith, LLP, Phoenix, Arizona, with him on the briefs), for Plaintiff Counter Defendant-Appellant.

Randy Knudson , Doerr & Knudson, P.A., Portales, New Mexico; ( W.H. Greig , Greig & Richards, P.A., Clovis, New Mexico, with him on the brief), for Defendant Counter Plaintiffs-Appellees.

Before HOLMES, MATHESON, and MORITZ, Circuit Judges.

ACE Fire Underwriters Insurance Company appeals the district court's declaration that a policy ACE issued offers total coverage up to $2 million for an accident involving two insured vehicles: a tractor and trailer. Because we agree with ACE that the policy instead limits its liability to only $1 million, we reverse.

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