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PHILADELPHIA INDEM. INS. CO. v. LEXINGTON INS. CO.

Nos. 16-5008 & 16-5010.

845 F.3d 1330 (2017)

PHILADELPHIA INDEMNITY INSURANCE COMPANY, Plaintiff-Appellee/Cross-Appellant, v. LEXINGTON INSURANCE COMPANY, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

Filed January 19, 2017.

Attorney(s) appearing for the Case

Peter E. Kanaris ( Cheryl L. Mondi , with him on the briefs), Fisher Kanaris, P.C., Chicago, Illinois, appearing Appellant/Cross-Appellee.

Ann E. Buckley ( Martin J. Buckley , with her on the briefs), Buckley & Buckley, LLC, St. Louis, Missouri, appearing for Appellee/Cross-Appellant.

Before HOLMES, MATHESON, and McHUGH, Circuit Judges.

Philadelphia Indemnity Insurance Company ("Philadelphia") and Lexington Insurance Company ("Lexington") insured the same school building that suffered fire damage. In this declaratory judgment action, they dispute their relative responsibilities to pay for the loss.

Charter school Tulsa School of Arts and Sciences...

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