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INGENCO HOLDINGS, LLC v. ACE AMERICAN INS. CO.

No. 16-35792.

921 F.3d 803 (2019)

INGENCO HOLDINGS, LLC, a Delaware Limited Liability Company; Bio Energy (Washington), LLC, a Delaware Limited Liability Company, Plaintiffs-Appellants, v. ACE AMERICAN INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 15, 2019.

Attorney(s) appearing for the Case

Philip A. Talmadge , (argued), Talmadge/Fitzpatrick/Tribe, Seattle, Washington; Robert J. Rauch , Law Offices of Robert J. Rauch, Bow, Washington; for Plaintiffs-Appellants.

Anton Metlitsky , (argued), O'Melveny & Myers LLP, New York, New York; Kimya Saied , and Jonathan D. Hacker , O'Melveny & Myers LLP, Washington, D.C.; Michael L. Foran , and Thomas B. Orlando , Foran Glennon Palandech Ponzi & Rudloff PC, Chicago, Illinois; for Defendant-Appellee.

Before: Dorothy W. Nelson and Paul J. Watford, Circuit Judges, and Dean D. Pregerson, District Judge.

OPINION

Appellants operate a gas purification plant in King County, Washington. In 2010, metal brackets securing a crucial component broke, resulting in damage to other components and an eventual shutdown of the entire facility. Appellants' insurance carrier Appellee ACE American Insurance Company ("Ace"), denied...

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