Court of Appeals for the Tenth Circuit December 13, 2006, 05-3200 (Advantage Homebuilding, LLC. v. Maryland Casualty Co.)

F I L E D

United States Court of Appeals

Tenth Circuit

PUBLISH

December 13, 2006

UNITED STATES COURT OF APPEALS Elisabeth A. Shumaker

Clerk of Court

TENTH CIRCUIT

ADVANTAGE HOMEBUILDING,

LLC.,

Plaintiff-Appellant,

ASSURANCE COMPANY OF

AMERICA,

Defendant,

v. No. 05-3200

MARYLAND CASUALTY COMPANY,

Defendant-Appellee.

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF KANSAS

(D.C. No.