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OHIO CAS. INS. CO. v. W.N. McMURRY CONST.

Nos. S-08-0163, S-08-0164, S-08-0165.

230 P.3d 312 (2010)

2010 WY 57

OHIO CASUALTY INSURANCE COMPANY, an Ohio corporation, Appellant (Defendant), v. W.N. McMURRY CONSTRUCTION CO., a Wyoming corporation, Appellee (Plaintiff). W.N. McMurry Construction Co., a Wyoming corporation, Appellant (Plaintiff), v. Ohio Casualty Insurance Company, an Ohio corporation, Appellee (Defendant). W.N. McMurry Construction Co., a Wyoming corporation, Appellant (Plaintiff), v. BW Insurance Agency, Inc., and Ohio Casualty Insurance Company, an Ohio corporation, Appellees (Defendants).

Supreme Court of Wyoming.

May 4, 2010.

Attorney(s) appearing for the Case

Representing Ohio Casualty Insurance Company: Patrick J. Murphy and Scott P. Klosterman of Williams, Porter, Day & Neville, P.C., Casper, Wyoming. Argument by Mr. Murphy.

Representing W.N. McMurry Construction Co.: W.W. Reeves and Anna Reeves Olson of Park Street Law Office, Casper, Wyoming. Argument by Mr. Reeves.

Representing BW Insurance: Billie L.M. Addleman and Richard A. Mincer of Hirst Applegate PC, Cheyenne, Wyoming. Argument by Mr. Mincer.

Before VOIGT, C.J., and GOLDEN, HILL, KITE, and BURKE, JJ.

GOLDEN, Justice.

[¶ 1] These three consolidated appeals arise out of W.N. McMurry Construction's (McMurry Construction) legal action to recover for two separate incidents involving two separate insurance policies. Both policies were issued to it by Ohio Casualty Insurance Company (Ohio Casualty). BW Insurance Agency (BW Insurance), an independent insurance agency, was the procuring agent for both policies.

[¶ 2] The first subject insurance policy...

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