Ryan v. Mountain States Helicopter, Inc.

BURNETT, Judge.

This appeal presents a question of insurance coverage. The issue is whether the deletion of certain exclusions from an insurance policy narrowed the scope of a remaining exclusion. For reasons explained below, we hold that the remaining exclusion was unaffected. Accordingly, we vacate a summary judgment in which the district court found coverage that otherwise would have been excluded.

I

It is axiomatic that on review of a summary judgment, we determine whether there are genuine issues of material fact and, if not, whether the prevailing party below was entitled to judgment as a…