Century Surety Company v. Casino West, Inc.

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
CENTURY SURETY COMPANY,
Plaintiff - Appellant,
v.
CASINO WEST, INC.,
Defendant - Appellee.
No. 10-17309
D.C. No. 3:07-cv-00636-RCJ-
RAM
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Robert Clive Jones, District Judge, Presiding
Argued and Submitted December 8, 2011
San Francisco, California
Before: LUCERO,** CALLAHAN, and N.R. SMITH, Circuit Judges.
Century Surety Company appeals the district court’s denial of its motion for
summary judgment on the basis that its policy exclusions were ambiguous.
FILED
JUN 16 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The Honorable Carlos F. Lucero, Circuit Judge for the U.S. Court of
Appeals for the Tenth Circuit, sitting by designation.

-- 1 of 2 --

On April 6, 2012, we certified two questions of Nevada law to the Nevada
Supreme Court: “(1) Does the pollution exclusion in Century’s insurance policy
exclude coverage of claims arising from carbon monoxide exposure? (2) Does the
indoor air quality exclusion in Century’s insurance policy exclude coverage of
claims arising from carbon monoxide exposure?” Century Sur. Co. v. Casino W.,
Inc., 677 F.3d 903, 905 (9th Cir. 2012).
On May 29, 2014, the Nevada Supreme Court filed its answers to the
certified questions. We need not restate the facts of this case or the reasoning of the
Nevada Supreme Court set forth in Century Sur. Co. v. Casino W., Inc., No. 60622,
2014 WL 2396085 (May 29, 2014). Pursuant to the state high court’s opinion, we
affirm the judgment of the district court.
AFFIRMED.
2

-- 2 of 2 --