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CENTURY SURETY CO. v. JIM HIPNER, LLC

S-15-0294.

377 P.3d 784 (2016)

2016 WY 81

CENTURY SURETY COMPANY, Appellant (Plaintiff), v. JIM HIPNER, LLC; and Huey Brock, Appellees (Defendants).

Supreme Court of Wyoming.

August 17, 2016.

Attorney(s) appearing for the Case

Representing Appellant: Christopher C. Voigt and Nicholas T. Haderlie of Crowley Fleck PLLP, Sheridan, Wyoming; Jeffrey C. Gerish of Plunkett Cooney, Bloomfield Hills, Michigan; Bradford S. Moyer of Plunkett Cooney, Kalamazoo, Michigan. Argument by Mr. Gerish.

Representing Appellees: Duane A. Lillehaug of Maring Williams Law Office, P.C., Fargo, North Dakota, representing Jim Hipner, LLC; Colleen M. Pratt and Michael D. Ainbinder of Ainbinder & Pratt, Long Beach, California, representing Huey Brock; Philip White Jr. of Karpan and White P.C., Cheyenne, Wyoming, representing Jim Hipner, LLC and Huey Brock . Argument by Mr. Ainbinder.

Before BURKE, C.J., and HILL, DAVIS, FOX, and KAUTZ, JJ.

[¶ 1] The United States Court of Appeals for the Eighth Circuit certified a question to this Court concerning the enforceability of an insurance policy notice provision. Specifically, the Eighth Circuit asked:

[W]hether, under Wyoming law, an insurer must be prejudiced before being entitled to deny coverage when the insured...

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