A Sinclair refinery can seek attorneys’ fees from Swiss insurer Infrassure under Wyoming law despite the fact that the policy was not issued in Wyoming or physically delivered in the state, the Wyoming Supreme Court determined in answer to a certified question from the 10th U.S. Circuit Court of Appeals.
In its first interpretation of a fee-award statute that applies only to insurance policies “delivered” or “issued for delivery in” Wyoming, the high court found the law “clearly and unambiguously provides that an insurance contract is issued for delivery in Wyoming if the policy issued is intended to protect an insured in Wyoming against risks in Wyoming,” Reuters reported.
The decision paves the way for Sinclair Wyoming Refining Company’s second appellate win following a 2013 fire and explosion that slowed production for seven months. The 10th Circuit affirmed that Infrassure must pay its contractual share of the business-interruption loss in 2020, but asked the Wyoming Supreme Court for input on the fee-award statute.