No. 49059.

208 P.3d 884 (2009)

HARTFORD FIRE INSURANCE COMPANY; Hartford Accident and Indemnity Company; and Richardson Construction, Inc., Appellants, v. TRUSTEES OF the CONSTRUCTION INDUSTRY and Laborers Health and Welfare Trust; Trustees of the Construction Industry and Laborers Joint Pension Trust; and Trustees of the Construction Industry and Laborers Vacation Trust, Respondents.

Supreme Court of Nevada.

May 28, 2009.

Attorney(s) appearing for the Case

Parker, Nelson & Arin, Chtd., and Theodore Parker, III, Las Vegas, for Appellant Richardson Construction.

Watt, Tieder, Hoffar & Fitzgerald, LLP, and David R. Johnson, Las Vegas, for Appellants Hartford Fire Insurance Company & Hartford Accident and Indemnity Company.

Brownstein Hyatt Farber Schreck, P.C., and Adam P. Segal and Kirk M. Reynolds, Las Vegas, for Respondents.

Daniel M. Shanley, Las Vegas; DeCarlo, Connor & Shanley and Desmond C. Lee, Los Angeles, California, for Amici Curiae, Southwest Carpenters Health and Welfare Trust, Southwest Carpenters Pension Trust, Southwest Carpenters Vacation Trust, and Southwest Carpenters Training Fund.

Kevin B. Christensen, Chtd., and Evan L. James and Kevin B. Christensen, Las Vegas, for Amici Curiae, Trustees of the Southern Nevada Glaziers and Fabricators Pension Trust Fund, Glazing Health and Welfare Fund, and the Glaziers Joint Apprenticeship Training Trust.

Kolesar & Leatham, Chtd., and Alan J. Lefebvre and Matthew J. Christian, Las Vegas, for Amicus Curiae, Surety & Fidelity Association of America.

Laquer, Urban, Clifford & Hodge LLP and Michael A. Urban and Gia A. McGillivray, Las Vegas, for Amici Curiae, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Vacation-Holiday Fund, Trustees of the Operating Engineers Journeyman Apprentice Training Trust, Bricklayers & Allied Craftworkers Local 13 Health Benefits Fund, and Bricklayers & Allied Craftworkers Local 13 Defined Contribution Pension Trust.



By the Court, GIBBONS, J.:

The Ninth Circuit Court of Appeals has certified two questions of law to this court concerning various trustees' attempts to collect unpaid contributions owed to employee-benefit trust funds. This matter arose when a public works subcontractor failed to contribute to employee-benefit trust funds, which were created as part of a collective bargaining agreement between the subcontractor and its employees' union. After...

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