JAMES RIVER INS. CO. v. RAPID FUNDING, LLC

No. 10-1145.

648 F.3d 1134 (2011)

JAMES RIVER INSURANCE COMPANY, an Ohio corporation, Plaintiff-Appellant, v. RAPID FUNDING, LLC, a Colorado limited liability company, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

July 29, 2011.


Attorney(s) appearing for the Case

Andrew M. Low ( Richard P. Holme and Kyle W. Brenton , with him on the briefs), Davis Graham & Stubbs LLP, Denver, CO, appearing for Appellant.

Diane Vaksdal Smith ( Michael S. Burg , David K. TeSelle , and Thomas W. Henderson , with her on the brief), Burg Simpson Eldredge Hersh & Jardine, P.C., Englewood, CO, appearing for Appellee.

Before TYMKOVICH, BRORBY, and MATHESON, Circuit Judges.


MATHESON, Circuit Judge.

I. INTRODUCTION

This case arose from a fire that destroyed a dilapidated Michigan apartment building. The owner of the building, Rapid Funding, LLC, a Colorado limited liability company, submitted a claim to its insurer, James River Insurance Company, an Ohio corporation, for the full $3 million of insurance coverage the policy carried. James River denied the claim because it determined...

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