No. 22-3275.

87 F.4th 461 (2023)

TEAM INDUSTRIAL SERVICES, INC., Plaintiff-Appellant, v. ZURICH AMERICAN INSURANCE COMPANY; Westar Energy, Inc.; Endurance American Insurance Company; Westchester Fire Insurance Company, Defendants-Appellees, and Kelli Most, individually and as personal representative of the estate of Jesse Henson; Cecilia Henson; Dorian Henson, Defendants.

United States Court of Appeals, Tenth Circuit.

FILED November 29, 2023.

Attorney(s) appearing for the Case

Nolan C. Knight , Munsch Hardt Kopf & Harr, P.C., Dallas, Texas for Appellant.

Meredith A. Webster (joined by Larry D. Fields on the brief), Kutak Rock LLP, Kansas City, Missouri for Appellee Zurich American Insurance Company.

John T. Bullock (joined by J. Eric Weslander and Kate M. Simpson on the briefs), Stevens & Brand LLP, Lawrence, Kansas for Appellee Westar Energy, Inc.

Kevin Brooks , Baker Sterchi Cowden & Rice L.L.C., Kansas City, Missouri, Manuel Mungia and Chad Schreiber , Chasnoff, Mungia, Valkenaar Pepping & Stribling, LLP, San Antonio, Texas, and Sarah R. Smith , Lewis Brisbois Bisgaard & Smith, LLP, Houston, Texas, on the brief, for Appellee Westchester Fire Insurance Company.

Brandon A. Howerton and Andrew D. Herold , Herold & Sager, Encinitas, California, on the brief, for Appellee Endurance American Insurance Company.

Before HARTZ, MORITZ, and ROSSMAN, Circuit Judges.

Plaintiff Team Industrial Services, Inc. (Team) suffered a $222 million judgment against it in a wrongful-death lawsuit arising out of a steam-turbine failure in June 2018 at a Westar Energy, Inc. (Westar) power plant. Team seeks coverage for this liability from Westar, Zurich American Insurance Company (Zurich), and two other...

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