Century Surety Co. v. Casino West, Inc.

ORDER

We certify to the Supreme Court of Nevada the questions set forth in Part III of this order.

Further proceedings in this court are stayed pending receipt of the answer to the certified questions. This case is withdrawn from submission until further order of this court or an order declining to accept the certified questions. If the Supreme Court of Nevada accepts the certified questions, the parties will file a joint report six months after the date of acceptance and every six months thereafter, advising us of the status of the proceeding.

I.

Pursuant to Rule 5 of the Nevada Rules of Appellate Procedure, we certify to the Supreme Court of Nevada questions of law regarding the proper interpretation of the insurance policy exclusions at issue in this appeal. It appears that “there is no controlling precedent in the decisions” of the Supreme Court of Nevada regarding the interpretation of insurance policy exclusions involved in this case, and the answers to these certified questions are “determinative” of the pending appeal. Nev. R.App. P. 5(a). Our phrasing of the issues is not meant to restrict the Supreme Court of Nevada’s consideration of the case, and “[w]e recognize…