Yaffe Companies, Inc. v. Great American Insurance

HARTZ, Circuit Judge.

This appeal arises out of a claim under a commercial umbrella insurance policy. The district court entered summary judgment in favor of Great American Insurance Company, Inc., denying the claim of the Yaffe Companies, Inc. on the ground that the policy unambiguously precluded coverage. Yaffe Cos., Inc. v. Great Am. Ins. Co., No. CV-05-466-FHS, 2006 WL 1388448, at *3, *5 (E.D.Okla. May 12, 2006). We hold that the policy is ambiguous and reverse and remand for further proceedings.

I. BACKGROUND

On December 28, 2004, an explosion at Yaffe’s scrapyard in Muskogee, Oklahoma, caused…