Legal Opinion
MTI, Inc. v. Emp'rs Ins. Co. of Wausau
Court of Appeals for the Tenth Circuit
Decided January 25, 2019No. 17-6206PublishedCited by 9 opinions
1Opinion of the Court
LUCERO, Circuit Judge.
In this appeal, we consider two exclusions from a commercial general liability policy that bar coverage for damage to "that particular part" of the property on which an insured is performing operations, or which must be repaired or replaced due to the insured's incorrect work. Under Oklahoma law, our analysis proceeds in two steps. First, we must determine as a matter of law whether the exclusions are ambiguous. Kerr-McGee Corp. v. Admiral Ins. Co. , 905 P.2d 760 , 762 (Okla. 1995). We conclude the phrase "that particular part" is susceptible to more than one reasonable…
2Cases cited24 opinions
- Pepsi-Cola Bottling Co. of Pittsburg, Inc. v. Pepsico, Inc.Court of Appeals for the Tenth Circuit · 2005
- Dodson v. St. Paul Insurance Co.Supreme Court of Oklahoma · 1991
- Jet Line Services, Inc. v. American Employers InsuranceMassachusetts Supreme Judicial Court · 1989
- Max True Plastering Co. v. United States Fidelity & Guaranty Co.Supreme Court of Oklahoma · 1996
- Columbia Mutual Insurance Co. v. SchaufSupreme Court of Missouri · 1998
19 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Marcantel v. Michael & Sonja Saltman FamilyCourt of Appeals for the Tenth Circuit · 2021
- Carolina Casualty Ins. Co. v. Burlington Ins. Co.Court of Appeals for the Tenth Circuit · 2020
- Great American Assurance Co. v. Sooner Emergency Services, Inc., et al.District Court, E.D. Oklahoma · 2026
- Great Lakes Ins. Se v. Bank of EufaulaDistrict Court, E.D. Oklahoma · 2019
- Great Northern Insurance Company v. Crown Pine Timber 4District Court, D. Oregon · 2021
4 more not listed; retrieve them via the Exa API.