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ZURICH AMERICAN INS. v. IRONSHORE SPECIALTY INS.

No. 18-16937.

964 F.3d 804 (2020)

ZURICH AMERICAN INSURANCE COMPANY; American Guarantee and Liability Insurance Company, Plaintiffs-Appellants, v. IRONSHORE SPECIALTY INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 2, 2020.

Attorney(s) appearing for the Case

For Appellants Zurich American Insurance Company and American Guarantee & Liability Insurance Company: William Reeves , Morales Fierro & Reeves, 600 S. Tonopah Drive, Suite 300, Las Vegas, NV 89106.

For Appellee Ironshore Specialty Insurance Company: William C. Morison , Morison & Prough, LLP, 2540 Camino Diablo, Suite 100, Walnut Creek, CA 94597.

Before: Marsha S. Berzon and Sandra S. Ikuta, Circuit Judges, and Ivan L.R. Lemelle, District Judge.

ORDER CERTIFYING QUESTION TO THE NEVADA SUPREME COURT

We ask the Nevada Supreme Court to resolve two open questions of state law. First, we need guidance regarding whether the insurer or the insured bears the burden of proving the applicability of an exception to an exclusion of coverage in an insurance policy. We also need guidance in determining whether the party carrying such burden may rely on extrinsic evidence, and if so, whether only extrinsic evidence available...

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