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AM. RELIABLE INS. v. UNITED STATES

Nos. 22-6014/23-5439.

106 F.4th 498 (2024)

AMERICAN RELIABLE INSURANCE COMPANY, et al., Plaintiffs-Appellants/Cross-Appellees, v. UNITED STATES of America, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 28, 2024.

Attorney(s) appearing for the Case

ARGUED: Jonathan J. Tofilon, GROTEFELD HOFFMANN LLP, Geneva, Illinois, for Appellants/Cross-Appellees. Jeffrey E. Sandberg, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee/Cross-Appellant. ON BRIEF: Jonathan J. Tofilon, GROTEFELD HOFFMANN LLP, Geneva, Illinois, Mark S. Grotefeld, GROTEFELD HOFFMANN LLP, Austin, Texas, Matthew J. Evans, Daniel C. Headrick, KAY GRIFFIN, PLLC, Knoxville, Tennessee, Stephen J. Zralek, SPENCER FANE BONE McALLESTER, Nashville, Tennessee, Evan B. Stephenson, SPENCER FANE LLP, Denver, Colorado, for Appellants/Cross-Appellees. Jeffrey E. Sandberg, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee/Cross-Appellant.

BOGGS, J., delivered the opinion of the court in which GILMAN and NALBANDIAN, JJ., joined in different parts. GILMAN, J. (pp. 517-19), delivered a separate opinion concurring in part and dissenting in part. NALBANDIAN, J. (pp. 519-25), also delivered a separate opinion concurring in part and dissenting in part.

OPINION

This case arises from a 2016 catastrophic wildfire in the Great Smoky Mountains National Park in Eastern Tennessee that spread into the City of Gatlinburg and Sevier County, Tennessee, resulting in the destruction of over 2,500 structures and the death of 14 people. Appellant insurance companies paid claims...

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