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United States Court of Appeals for the Tenth Circuit
September 7, 2010, Filed
Nos. 08-8064 & 08-8068
[*1156] HOLMES, Circuit Judge.
This appeal arises out of an insurance dispute involving the construction of a luxury hotel in the vicinity of Jackson Hole, Wyoming. Employers Mutual Casualty Co. ("EMC") brought a diversity action in federal district court, pursuant to 28 U.S.C. §§ 1332 and 2201, requesting a declaratory judgment as to its duty to defend or indemnify Bartile Roofs, Inc. ("Bartile"), against claims pending in California state court. EMC also sought to recoup the costs it had incurred in defending Bartile in the underlying state-court action. [*1157] After denying Bartile's motion to dismiss and motion to transfer venue, the district court granted in part, and denied in part, EMC's motion for [**2] summary judgment. Specifically, the district court concluded that EMC owed no duty to defend Bartile, but it refused to allow EMC to recoup its defense costs.
On appeal, Bartile challenges the district court's order denying its motion to dismiss and motion to transfer venue, as well as the choice-of-law determination in the summary judgment order. EMC cross-appeals the order denying its motion for summary judgment with respect to the recoupment of defense costs. We exercise jurisdiction under 28 U.S.C. § 1291 and affirm the district court's orders.
EMC is an insurance company organized under the laws of Iowa and has its principal place of business in Des Moines, Iowa. Bartile is organized under the laws of Utah and has its principal place of business in Centerville, Utah. Between 2001 and 2003, EMC issued three commercial general liability ("CGL") insurance policies to Bartile, providing coverage in the aggregate from November 1, 2001, to November 1, 2004. Although Bartile renewed the CGL policy each year, the policies provided liability insurance via a standard coverage form and contained the same language in all relevant terms, conditions, and definitions. 2 These CGL policies [**3] were negotiated in Utah, underwritten in Colorado, and executed in Utah.
In mid-2001, FS Jackson Hole Development Company, LLC (the "Owner"), hired Jacobsen Construction [**4] Company ("Jacobsen") to construct the Four Seasons Resort Jackson Hole in Teton Village, Wyoming. As the general contractor, Jacobsen subcontracted the roofing work for this luxury hotel to Bartile. Bartile began work on the construction project in November 2002 and substantially completed its activities in February 2004. Bartile finished all of its work on the hotel in October 2005.
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
618 F.3d 1153 *; 2010 U.S. App. LEXIS 18690 **
EMPLOYERS MUTUAL CASUALTY COMPANY, an Iowa corporation, Plaintiff-Appellee/Cross-Appellant, v. BARTILE ROOFS, INC., a Utah corporation, Defendant-Appellant/Cross-Appellee.
Subsequent History: Subsequent appeal at, Decision reached on appeal by Employers' Mut. Cas. Co. v. Bartile Roofs, Inc., 478 Fed. Appx. 493, 2012 U.S. App. LEXIS 7894 (10th Cir., Apr. 19, 2012)
Prior History: [**1] Appeal from the United States District Court for the District of Wyoming. (D.C. No. 1:07-CV-00182-WFD).
Emplrs Mut. Cas. Co. v. Bartile Roofs, Inc., 2008 U.S. Dist. LEXIS 131382 (D. Wyo., Mar. 4, 2008)
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Civil Procedure, In Rem & Personal Jurisdiction, In Personam Actions, Challenges, Appeals, Standards of Review, De Novo Review, Due Process, Long Arm Jurisdiction, Minimum Contacts, Purposeful Availment, Appellate Briefs, Preliminary Considerations, Venue, General Overview, Responses, Defenses, Demurrers & Objections, Motions to Dismiss, Federal Venue Transfers, Convenience Transfers, Federal & State Interrelationships, Choice of Law, Erie Doctrine, Forum & Place, Insurance Law, Business Insurance, Commercial General Liability Insurance, Duty to Defend, Policy Interpretation, Parol Evidence, Extrinsic Evidence, Coverage, Accidental Injuries, Triggers, Summary Judgment, Entitlement as Matter of Law, Appellate Review, Standards of Review