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MTI, INC. v. EMPLOYERS INS. CO. OF WAUSAU

No. 17-6206.

913 F.3d 1245 (2019)

MTI, INC., formerly Midwest Towers, Inc., Plaintiff-Appellant v. EMPLOYERS INSURANCE COMPANY OF WAUSAU, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

FILED January 25, 2019.

Attorney(s) appearing for the Case

F. Thomas Cordell , Frailey, Chaffin, Cordell, Perryman & Sterkel, LLP, Chickasha, Oklahoma, ( Mort G. Welch , Welch & Smith, P.C., Oklahoma City, Oklahoma, with him on the briefs), for Plaintiff-Appellant.

Jeffrey Gerish , Plunkett Cooney, P.C., Bloomfield Hills, Michigan, ( Joseph R. Farris and Emily D. Pearson , Franden, Farris, Quillin, Goodnight & Roberts, Tulsa, Oklahoma, with him on the briefs), for Defendant-Appellee.

Before LUCERO, McKAY, and MATHESON, Circuit Judges.

In this appeal, we consider two exclusions from a commercial general liability policy that bar coverage for damage to "that particular part" of the property on which an insured is performing operations, or which must be repaired or replaced due to the insured's incorrect work. Under Oklahoma law, our analysis proceeds in two...

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