(Download) "Kalamazoo Acquisitions, L.L.C. v. Westfield Insurance Co., Inc." by United States Court of Appeals for the Tenth Circuit * eBook PDF Kindle ePub Free

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eBook details

• Title: Kalamazoo Acquisitions, L.L.C. v. Westfield Insurance Co., Inc.
• Author : United States Court of Appeals for the Tenth Circuit
• Release Date : January 19, 2005
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 77 KB

Description

In this action for breach of a contract for commercial property insurance, Defendant Westfield Insurance Co., Inc., ("Westfield") appeals the district courts grant of summary judgment in favor of Plaintiff Kalamazoo Acquisitions, L.L.C. ("Kalamazoo") and seeks entry of judgment in its favor. Westfield asserts that Kalamazoo is barred from bringing this action because it entered into a general release with the party who damaged the property insured by Westfield and hence impaired Westfields right of subrogation, in breach of the parties policy for property insurance. The district court held that Westfield waived this argument. Because Westfield did not waive this argument and because the argument disposes of the case, we REVERSE the judgment of the district court and REMAND with instructions that the district court enter judgment in Westfields favor.

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