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SINCLAIR WYOMING REFINING COMPANY v. INFRASSURE

No. 19-8018.

970 F.3d 1317 (2020)

SINCLAIR WYOMING REFINING COMPANY, Plaintiff-Appellant/Cross-Appellee, v. INFRASSURE, LTD, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED August 17, 2020.

Attorney(s) appearing for the Case

Marc J. Ayers and Alicia K. Margolis , Bradley Arant Boult Cummings, LLP ( Marcy G. Glenn and JoAnna S. DeWald , Holland & Hart LLP, Denver, Colorado and Cheyenne, Wyoming, with them on the briefs), Birmingham, Alabama, and Jackson, Mississippi, for Plaintiff-Appellant/Cross-Appellee.

Guyon H. Knight , Quinn Emanuel Urquhart & Sullivan ( Jane M. Byrne and David M. Cooper , Quinn Emanuel Urquhart & Sullivan, New York, New York, and Randall B. Reed , Long Reimer Winegar Beppler, Cheyenne, Wyoming, with him on the briefs), New York, New York, for Defendant-Appellee/Cross-Appellant.

Before TYMKOVICH, Chief Judge, BACHARACH, and CARSON, Circuit Judges.

After a 2013 fire in its Wyoming refinery caused the Sinclair Wyoming Refining Company to restrict operations for several months, it filed a claim with its eighteen insurers, including Infrassure, Ltd., which collectively provided Sinclair coverage for business interruption losses under an all-risk insurance policy. In 2015...

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