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CAROLINA CASUALTY INS. CO. v. BURLINGTON INS. CO.

Nos. 18-8071 & 18-8077.

951 F.3d 1199 (2020)

CAROLINA CASUALTY INSURANCE COMPANY, Plaintiff Counterclaim Defendant-Appellant/Cross-Appellee, v. BURLINGTON INSURANCE COMPANY, Defendant Counterclaimant-Appellee/Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED February 27, 2020.

Attorney(s) appearing for the Case

Jon M. Hughes of McMickle, Kurey & Branch, LLP, Alpharetta, Georgia ( Scott W. McMickle of McMickle, Kurey & Branch, LLP, Alpharetta, Georgia; Kevin F. Amatuzio and Lori K. Bell of Montgomery, Amatuzio, Chase, Bell & Jones, LLP, Denver, Colorado, with him on the briefs), for Plaintiff Counterclaim Defendant-Appellant/Cross-Appellee.

Thomas H. Crouch of Meagher & Geer, PLLP, Scottsdale, Arizona, for Defendant Counterclaimant-Appellee/Cross-Appellant.

Before PHILLIPS, EBEL, and O'BRIEN, Circuit Judges.

In this appeal and cross-appeal, we must decide which of two insurers' insurance policies covers bodily injuries suffered in a well-site fire ignited by use of a cigarette lighter. Carolina Casualty Insurance Company and Burlington Insurance Company had earlier issued policies to RW Trucking, LLC. By design, the two policies...

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