Legal Opinion
Mid-Continent Casualty Co. v. Circle S Feed Store, LLC
Court of Appeals for the Tenth Circuit
Decided June 17, 2014No. 13-2006PublishedCited by 11 opinions
1Opinion of the Court
TYMKOVICH, Circuit Judge.
I & W, Inc. owned a solution mining operation in Carlsbad, New Mexico. Its operations formed a cavern under its own property, which grew so large it infringed upon the subsurface property of the nearby Circle S Feed Store, LLC. This cavern, in turn, caused subsidence and damages to Circle S’s surface property. A New Mexico state court found I & W negligent and liable for damages its solution mining operations caused to Circle S’s property.
I & W sought indemnification for the damages under its commercial general liability (CGL) insurance policies, which had been issued…
2Cases cited20 opinions
- Employers Mutual Casualty Co. v. Bartile Roofs, Inc.Court of Appeals for the Tenth Circuit · 2010
- Kannady v. City of KiowaCourt of Appeals for the Tenth Circuit · 2010
- Commercial Union Insurance Co. v. Walbrook Insurance Co., Ltd.Court of Appeals for the First Circuit · 1993
- Empire Fire and Marine Insurance Company v. Guaranty National Insurance CompanyCourt of Appeals for the Tenth Circuit · 1989
- Timmons v. CalderaCourt of Appeals for the Tenth Circuit · 2003
15 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Magnus, Inc. v. Diamond State InsuranceDistrict Court, D. Kansas · 2015
- Thee Sombrero, Inc. v. Scottsdale Ins. Co., California Court of Appeal, 5th District2018
- Berry Plastics Corp. v. Illinois National Insurance Co.District Court, S.D. Indiana · 2017
- A.R. Wilfley & Sons, Inc. v. National Union Fire Insurance Company of Pittsburgh, PA.District Court, D. Colorado · 2025
- AMCO Insurance v. Carpet Direct Corp.District Court, D. Colorado · 2016
6 more not listed; retrieve them via the Exa API.