Fed. Ins. Co., & v. Tri-State Ins. Co., & Cross-Appellee, 157 F.3d 800 (10th Cir. 1998). · Go Syfert
Fed. Ins. Co., & v. Tri-State Ins. Co., & Cross-Appellee, 157 F.3d 800 (10th Cir. 1998). Cases Citing This Book View Copy Cite
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cited 10× by 10 distinct cases, 2016–2026 · 2 courts→ Stable · …issues raised for the first time at oral argument are considered waived. at p. 805
79 citation events (76 in the last 25 years) across 20 distinct courts.
Strongest positive: Desiree Myrum v. Anthony Michaels (bap10, 2026-04-15)
Treatment trajectory · 1999 → 2026 · click a year to view as-of
1999 2012 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Desiree Myrum v. Anthony Michaels
10th Cir. BAP · 2026 · quote attribution · 1 verbatim quote · confidence high
issues raised for the first time at oral argument are considered waived.
discussed Cited as authority (verbatim quote) United States v. Peshlakai
10th Cir. · 2025 · quote attribution · 1 verbatim quote · confidence high
issues raised for the first time at oral argument are considered waived.
discussed Cited as authority (verbatim quote) United States v. Anthony
10th Cir. · 2022 · quote attribution · 1 verbatim quote · confidence high
issues raised for the first time at oral argument are considered waived.
discussed Cited as authority (verbatim quote) Smart v. City of Wichita
10th Cir. · 2020 · quote attribution · 1 verbatim quote · confidence high
issues raised for the first time at oral argument are considered waived.
discussed Cited as authority (verbatim quote) United States v. Lopez-Urbina
10th Cir. · 2019 · quote attribution · 1 verbatim quote · confidence high
issues raised for the first time at oral argument are considered waived.
discussed Cited as authority (verbatim quote) Cuesta-Rodriguez v. Carpenter
10th Cir. · 2019 · quote attribution · 1 verbatim quote · confidence high
issues raised for the first time at oral argument are considered waived.
discussed Cited as authority (verbatim quote) Benally v. United States
10th Cir. · 2018 · quote attribution · 1 verbatim quote · confidence high
issues raised for the first time at oral argument are considered waived.
discussed Cited as authority (verbatim quote) Earthgrains Baking Companies v. Sycamore
10th Cir. · 2017 · quote attribution · 1 verbatim quote · confidence high
issues raised for the first time at oral argument are considered waived.
discussed Cited as authority (verbatim quote) Peden v. State Farm Mutual Automobile Insurance Co.
10th Cir. · 2016 · quote attribution · 1 verbatim quote · confidence high
issues raised for the first time at oral argument are considered waived.
examined Cited as authority (verbatim quote) Allstate Insurance v. Safer (2×) also: Cited as authority (rule)
M.D. Fla. · 2004 · quote attribution · 1 verbatim quote · confidence high
because we do not believe that we can make a principled distinction in meaning simply based upon where in the contract the phrase 'arising out of appears, we decline to assign it a more restrictive meaning simply because it appears in the context of an exclusionary clause.
discussed Cited as authority (quoted) Cuesta-Rodriguez v. Carpenter
10th Cir. · 2019 · quote attribution · 1 verbatim quote · confidence low
issues raised for the first time at oral argument are considered waived.
cited Cited as authority (rule) Yellow Corporation v. International Brotherhood of Teamsters
10th Cir. · 2025 · confidence medium
Co., 157 F.3d 800, 805 (10th Cir. 1998).
cited Cited as authority (rule) Nursa Inc v. Younge and Crane Inc
D. Utah · 2025 · confidence medium
Co., 157 F.3d 800, 805 (10th Cir. 18).
cited Cited as authority (rule) Ohio Security Insurance Company v. David Grace Construction Inc
W.D. Okla. · 2023 · confidence medium
Co., 157 F.3d 800, 804 (10th Cir. 1998); accord C.L.
discussed Cited as authority (rule) Nation v. Piedmont Independent School District
10th Cir. · 2022 · confidence medium
Co., 157 F.3d 800, 805 (10th Cir. 1998). 8 Appellate Case: 21-6123 Document: 010110734017 Date Filed: 09/06/2022 Page: 9 v. Thompson, 563 U.S. 51 , 61 (2011) (brackets and internal quotation marks omitted).
discussed Cited as authority (rule) Seay v. Oklahoma Board of Dentistry (2×) also: Cited "see"
10th Cir. · 2022 · confidence medium
Co., 157 F.3d 800, 805 (10th Cir. 1998) (appellate arguments are waived when presented for the first time in oral argument).
discussed Cited as authority (rule) Seay v. Oklahoma Board of Dentistry
10th Cir. · 2022 · confidence medium
Co., 157 F.3d 800, 805 (10th Cir. 1998) 4 There we approvingly quoted a Seventh Circuit opinion: “When an appellee advances an alternative ground for upholding a ruling by the district judge, and the appellant does not respond in his reply brief . . ., he [does not] concede[] the correctness of the ruling . . . .
cited Cited as authority (rule) Saoud v. Everest Indemnity Insurance Company
E.D. Mich. · 2021 · confidence medium
Co., 157 F.3d 800, 804 (10th Cir. 1998); see also McKusick v. Travelers Indem.
cited Cited as authority (rule) Derma Pen v. Sentinel Insurance Company
D. Utah · 2021 · confidence medium
Co., 157 F.3d 800, 803 (10th Cir. 1998); In the Matter of Doe by & through Bacon v. Farm Bureau Prop. & Cas.
discussed Cited as authority (rule) United States v. Kenneth Smukler
3rd Cir. · 2021 · confidence medium
Co., 157 F.3d 800, 804 (10th Cir. 1998) (noting “the general consensus that the phrase ‘arising out of’ should be given a broad reading such as ‘originating from’ or ‘growing out of’ or ‘flowing from’ or ‘done in connection with’”) (citing cases); see also In re Remicade (Direct Purchaser) Antitrust Litig., 938 F.3d 515 , 523 (3d Cir. 2019) (explaining “arising out of . . . in a contract” is “indicative of an extremely broad agreement” 32 (cleaned up)); In re Prudential Ins.
discussed Cited as authority (rule) United States v. Kenneth Smukler
3rd Cir. · 2021 · confidence medium
Co., 157 F.3d 800, 804 (10th Cir. 1998) (noting “the general consensus that the phrase ‘arising out of’ should be given a broad reading such as ‘originating from’ or ‘growing out of’ or ‘flowing from’ or ‘done in connection with’”) (citing cases); see also In re Remicade (Direct Purchaser) Antitrust Litig., 938 F.3d 515 , 523 (3d Cir. 2019) (explaining “arising out of . . . in a contract” is “indicative of an extremely broad agreement” 32 (cleaned up)); In re Prudential Ins.
cited Cited as authority (rule) Markel Insurance Company v. 2 RJP Ventures, LLC
E.D. Tex. · 2020 · confidence medium
Co., 157 F.3d 800, 803 (10th Cir. 1998); Employers Ins.
cited Cited as authority (rule) Mesa Underwriters Specialty Insurance Company v. Boot Scooters LLC
W.D. Okla. · 2019 · confidence medium
Co., 157 F.3d 800, 804 (10th Cir.1998).
cited Cited as authority (rule) United States v. Dahda
10th Cir. · 2017 · confidence medium
Co., 157 F.3d 800, 805 (10th Cir. 1998).
cited Cited as authority (rule) Abraham v. WPX Production Productions, LLC
D.N.M. · 2016 · confidence medium
Co., 157 F.3d 800, 802 (10th Cir.1998); Porcell v. Lincoln Wood Products, Inc., 713 F.Supp.2d 1305, 1311-12 (D.N.M.2010). 129.
discussed Cited as authority (rule) Lexington Insurance v. Precision Drilling Co. (2×)
10th Cir. · 2016 · confidence medium
Co., 157 F.3d 800, 805 (10th Cir. 1998).
cited Cited as authority (rule) Lebahn v. National Farmers Union Uniform Pension Plan
10th Cir. · 2016 · confidence medium
Co., 157 F.3d 800, 805 (10th Cir.1998) (“Issues raised for the first time at oral argument are considered waived.”).
cited Cited as authority (rule) United States v. Willis
10th Cir. · 2016 · confidence medium
Co., 157 F.3d 800, 805 (10th Cir. 1998).
cited Cited as authority (rule) P&S LLC v. National Union Fire Insurance
10th Cir. · 2016 · confidence medium
Co., 157 F.3d 800, 805 (10th Cir. 1998).
cited Cited as authority (rule) State Farm Fire & Casualty Co. v. Pettigrew
N.D. Okla. · 2016 · confidence medium
Co., 157 F.3d 800, 804 (10th Cir.1998).
cited Cited as authority (rule) Adamscheck v. American Family Mutual Insurance
10th Cir. · 2016 · confidence medium
Co., 157 F.3d 800, 805 (10th Cir.1998).
discussed Cited as authority (rule) Pulte Homes of New Mexico, Inc. v. Indiana Lumbermens Insurance Co.
N.M. Ct. App. · 2015 · confidence medium
Co., 157 F.3d 800, 805 (10th Cir. 1998) (concluding that the contractual exclusion and its exceptions do not override another exclusion—the operations exclusion—because “the exclusions are separate and independent” and nothing in the policy indicates that one exception to one exclusion “somehow trumps” the other exclusions); see also Federated Mut.
discussed Cited as authority (rule) Mumford & Miller Concrete, Inc. v. Marinis Bros., Inc.
Del. Super. Ct. · 2015 · confidence medium
Co., 157 F.3d 800, 804-05 (10th Cir. 1998)). 29 See Pacific, 956 A.2d at 1257 ; See also Premcor, 2009 WL 960567 , at *8. 30 See id; See also Premcor, 2009 WL 960567 , at *8 (explaining holding of Pacific). 31 Premcor, 2009 WL 960567 , at *8. 32 See Complaint, Boone, et al. v. Mumford & Miller Concrete, Inc. et al., C.A.
cited Cited as authority (rule) Hanover American Insurance v. Balfour
10th Cir. · 2015 · confidence medium
Co., 157 F.3d 800, 804 (10th Cir.1998) (applying Oklahoma law); see Ply v. Nat’l Union Fire Ins.
cited Cited as authority (rule) Gocha v. National Railroad Passenger Corp.
D. Colo. · 2014 · confidence medium
Co., 157 F.3d 800, 805 (10th Cir.1998) (“Issues raised for the first time at oral argument are considered waived.”).
cited Cited as authority (rule) EarthGrains Baking Companies Inc. v. Sycamore Family Bakery, Inc.
10th Cir. · 2014 · confidence medium
Co., 157 F.3d 800, 805 (10th Cir.1998).
discussed Cited as authority (rule) Norfolk Southern Railway Co. v. National Union Fire Insurance
S.D.W. Va · 2014 · confidence medium
Co., 157 F.3d 800, 804 (10th Cir.1998) (“[T]he general consensus that the phrase ‘arising out of should be given a broad reading such as ‘originating from’ or ‘growing out of or ‘flowing from’ or ‘done in connection with’ — that is, it requires some causal connection to the injuries suffered, but does not require proximate cause in the legal sense.”); Winnacunnet Co-op.
discussed Cited as authority (rule) Cheyenne & Arapaho Tribes v. First Bank & Trust Co.
10th Cir. · 2014 · confidence medium
Co., 157 F.3d 800, 805 (10th Cir.1998) (“Issues raised for the first time at oral argument are considered waived.”); Daigle v. Shell Oil Co., 972 F.2d 1527, 1539 (10th Cir.1992) (explaining that courts have no duty to consider “untimely raised legal theories which may support ... jurisdiction”).
cited Cited as authority (rule) C.L. Frates & Co. v. Westchester Fire Insurance
10th Cir. · 2013 · confidence medium
Co., 157 F.3d 800, 804 (10th Cir.1998) (interpreting Oklahoma law).
discussed Cited as authority (rule) Western Heritage Bank v. Federal Insurance
D.N.M. · 2013 · confidence medium
Co., 157 F.3d 800, 804-805 (10th Cir.1998) (stating that, “[w]hen interpreting exclusions in insurance contracts, “the general consensus [is] that the phrase ‘arising out of should be given a broad reading such as ‘originating from’ or ‘growing out of or ‘flowing from’ or ‘done in connection with’ — that is, it requires some causal connection to the injuries suffered, but does not require proximate cause in the legal sense” and declining to assign the broad phrase “arising out of’ a narrow reading “simply because it appears in the context of an exclusionary clause…
cited Cited as authority (rule) Atain Speciality Insurance v. Tribal Construction Co.
W.D. Okla. · 2012 · confidence medium
Co., 157 F.3d 800, 804 (10th Cir.1998) (applying Oklahoma law in the context of an automobile insurance policy dispute); see also Oklahoma Farm Bureau Mut.
cited Cited as authority (rule) United States v. Magnesium Corp. of America
10th Cir. · 2010 · confidence medium
Co., 157 F.3d 800, 805 (10th Cir.1998), and we see no reason to deviate from that practice here.
cited Cited as authority (rule) United States v. Magnesium Corp. of America
10th Cir. · 2010 · confidence medium
Co., 157 F.3d 800, 805 (10th Cir. 1998), and we see no reason to deviate from that practice here. - 33 - comment a reasonable interpretation of that ambiguous regulation.
cited Cited as authority (rule) United States v. Magnesium Corp. of America
10th Cir. · 2010 · confidence medium
Co., 157 F.3d 800, 805 (10th Cir. 1998), and we see no reason to deviate from that practice here. - 33 - comment a reasonable interpretation of that ambiguous regulation.
cited Cited as authority (rule) McBride v. Market Street Mortgage
10th Cir. · 2010 · confidence medium
Co., 157 F.3d 800, 805 (10th Cir.1998) (“Issues raised for the first time at oral argument are considered waived.”). 16 .
cited Cited as authority (rule) Porcell v. Lincoln Wood Products, Inc.
D.N.M. · 2010 · confidence medium
Co., 157 F.3d 800, 802 (10th *1312 Cir.1998).
cited Cited as authority (rule) AE, INC. v. Goodyear Tire & Rubber Co.
10th Cir. · 2009 · confidence medium
Co., 157 F.3d 800, 802 (10th Cir.1998) ("In a diversity case a federal court must apply the choice of law rules of the forum state.”). 4 .
cited Cited as authority (rule) Corder v. Lewis Palmer School District No. 38
10th Cir. · 2009 · confidence medium
Co., 157 F.3d 800, 805 (10th Cir.1998) (“Issues raised for the first time at oral argument are considered waived.”).
discussed Cited as authority (rule) Pacific Insurance Co. v. Liberty Mutual Insurance
Del. · 2008 · confidence medium
Co., 157 F.3d 800, 804-05 (10th Cir.1998) ("[T]he general consensus [is] that the phrase ‘arising out of’ should be given a broad reading such as 'originating from’ or 'growing out of or ‘flowing from’ or 'done in connection with’- — that is, it requires some causal connection to the injuries suffered, but does not require proximate cause in the legal sense.”) (quoting cases); Mid-Continent Cas.
discussed Cited as authority (rule) Gerber v. Riordan
N.D. Ohio · 2008 · confidence medium
Co., 157 F.3d 800, 804 (10th Cir.1998) (stating “the phrase ‘arising out of should be given a broad reading such as ‘originating from’ or ‘growing out of or ‘flowing from’ or ‘done in connection with’ — that is, it requires some causal connection to the injuries suffered, but does not require proximate cause in the legal sense”); Merchants Ins.
Retrieving the full opinion text from the archive…
FEDERAL INSURANCE COMPANY, Plaintiff-Appellee & Cross-Appellant,
v.
TRI-STATE INSURANCE COMPANY, Defendant-Appellant & Cross-Appellee
96-5206, 96-5271.
Court of Appeals for the Tenth Circuit.
Sep 15, 1998.
157 F.3d 800
John H. Tucker, Rhodes, Hieronymus, Jones, Tucker & Gable, Tulsa, OK (Kerry R. Lewis, Rhodes, Hieronymus, Jones, Tucker & Gable, Tulsa, OK, with him on the briefs), for Plaintiff-Appellee/Cross-Appellant., Tom E. Mullen, Fenton, Fenton, Smith, Reneau & Moon, Oklahoma City, OK (Michael S. MeMillin, Fenton, Fenton, Smith, Reneau & Moon, Oklahoma City, OK, with him on the briefs) for DefendanU-Appel-lant/Cross-Appellee.
Baldock, McWilliams, Ebel.
Cited by 63 opinions  |  Published
2 passages pin-cited by 4 cases
Pinpoint authority: #33,614 of 633,719
Citer courts: Tenth Circuit (2) · D. Colorado (2)
EBEL, Circuit Judge.

Federal Insurance Company (“Federal”) settled a claim against its insured for $2.75 million. Federal’s insured was also listed as an additional insured under policies issued by Tri-State Insurance Company (“Tri-State”). Federal sued Tri-State for indemnification of the $2.75 million. The district court held that Tri-State owed Federal $2 million under two of Tri-State’s policies, but that two other Tri-State policies were inapplicable and that Federal could not recover prejudgment interest. Tri-State appeals and Federal cross-appeals. We affirm in part and reverse in part.

BACKGROUND

Mike McElroy (“McElroy”) and Glen Mitchell (“Mitchell”) were subcontractors for Healdton Tank Truck Service (“Healdton”). Healdton had contracted a Master Service Agreement (“MSA”) with Citation Oil and Gas Corporation (“Citation”) to clean out tanks Citation used for gathering, storing, and transporting oil, salt water, and fresh[*802] water. On October 16, 1991, McElroy and Mitchell brought two trucks to Citation’s tanks to perform Healdton’s tasks under the MSA. After parking close to the tanks, they opened a manhole at the top of the tank and the vacuum pump on Mitchell’s truck began to vacuum residue from the tank. The trucks’ engines were running, and when fumes escaped an explosion occurred. McEl-roy was severely burned. He later settled a negligence suit against Citation for $2.75 million.

Citation was insured by Federal. Federal had issued to Citation a general liability policy for $1 million, a commercial umbrella liability insurance policy for $10 million, and two business auto policies (“BAPs”) for $1 million each. The $2.75 million was paid from the general liability and commercial umbrella liability policies.

During the McElroy litigation, Citation demanded indemnity from Healdton pursuant to the MSA, which required Healdton to secure insurance for its subcontractors and to name Citation as an additional insured. Healdton presented Citation’s demand to its insurer, Tri-State. At the time of the accident, Tri-State had issued four policies which were potentially applicable: a commercial general liability (“CGL”) policy issued to Healdton for $1 million; a BAP issued to Healdton for $1 million; a BAP issued to McElroy for $1 million; and a BAP issued to Mitchell for $1 million. Citation was named as an additional insured on Healdton’s CGL policy and BAP, but not on McElroy’s or Mitchell’s BAPs. Although Tri-State approved the $2.75 million settlement as reasonable, it did not pay out on any of its four policies.

Federal filed a declaratory judgment action against Tri-State pursuant to 28 U.S.C. § 2201 and sought reimbursement for the $2.75 million. After a bench trial, the district court held that Tri-State was liable on Healdton’s CGL policy and BAP and that these policies provided primary coverage. The district court further held, however, that Tri-State was not liable on Mitchell’s or McElroy’s BAPs because Citation was not an additional insured on those policies. Consequently, Federal received judgment for only $2 million rather than the full $2.75 million. Upon request for reconsideration, the court rejected Tri-State’s argument that the “operations exclusion” in Healdton’s BAP barred coverage. Tri-State, conceding the applicability of its CGL policy, paid $1 million of the judgment. Federal also sought an award of prejudgment interest, but the district court held that under Oklahoma law Tri-State’s liability was restricted to the limits of its policies. Consequently, it denied Federal’s motion for prejudgment interest.

In appeal 96-5206, Tri-State appeals the applicability of the Healdton BAP. In appeal 96-5271, Federal cross-appeals the determination that Mitchell’s BAP is inapplicable and the denial of prejudgment interest.

DISCUSSION

“When the relevant facts are undisputed, we review the district court’s interpretation of an insurance contract de novo.” Houston General Ins. Co. v. American Fence Co., 115 F.3d 805, 806 (10th Cir.1997).

In a diversity case a federal comí; must apply the choice of law rules of the forum state. See Klaxon Co. v. Stentor Electric Mfg. Co., 313 U.S. 487, 496, 61 S.Ct. 1020, 85 L.Ed. 1477 (1941). We conclude that because Oklahoma is the place of contracting, Oklahoma courts would apply Oklahoma law in this case. See Bohannan v. Allstate Ins. Co., 820 P.2d 787, 793, 797 (Okla.1991).

I. No. 96-5206

The district court held that Tri-State was liable on both the CGL policy and the BAP it issued to Healdton. Tri-State has conceded that the CGL policy it issued to Healdton covers the accident. Tri-State argues, however, that the “operations exclusion” in the BAP it issued to Healdton works to exclude coverage under that policy.

The “operations exclusion” found in section II.B.9 of the Healdton BAP provides that the policy does not apply to “ ‘[bjodily injury’ or ‘property damage’ arising out of the operation of any equipment listed in paragraphs 6.b and 6.c of the definition of ‘mobile equipment’ [found at section V.G].”[*803] Paragraph 6 of section V.G includes within the definition of “mobile equipment” the following:

Vehicles not described in paragraphs 1, 2, 3, or 4 above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not “mobile equipment” but will be considered “autos”:
b. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and
c. Air compressors, pumps and generators, including spraying, welding, building, cleaning, geophysical exploration, lighting or well servicing equipment.

The district court concluded that the “operations exclusion” applies only to “mobile equipment,” and because paragraph 6.c. clearly indicated that Mitchell’s and McEl-roy’s trucks were “autos” rather than “mobile equipment,” the exclusion was inapplicable here.

Reading the terms of the “operations exclusion” indicates that the district court’s reasoning was incorrect. The “operations exclusion” does not require that the trucks be “mobile equipment” as opposed to autos. Instead, it excludes any injuries that “arise out of’ equipment listed in either paragraph 6.b. or 6.e. of Section V.G. As Tri-State argues, pumps are clearly listed in paragraph 6.c. Consequently, the question becomes whether McElroy’s injuries “arose out of’ the operation of the pumps mounted on McElroy’s and Mitchell’s trucks. If so, then the “operations exclusion” bars coverage under the Healdton BAP.

The district court made several findings relevant to our inquiry, most importantly the following:

46. Both trucks were parked too close to the tank and had their engines running before the fire ignited. Mitchell’s truck had just commenced the tank cleaning operation by vacuuming residue from the bottom of the tank.
47. McElroy’s truck was running but he had not yet started his water pump to inject water into the tank following the vacuuming.
50. The only expert testimony as to causation was that fumes escaped and/or were drawn from the tank by the vacuum pump of the Mitchell vehicle, which were ignited by McElroy’s running truck engine.
51. Gas vapors escaped from the tank through the manhole Mitchell and McEl-roy opened in order to clean out the residue in the bottom of the tank.
52. The gas vapors caught fire between the two trucks, burning Mike McElroy severely.
53. The fire that caused Mr. McElroy’s bodily injury resulted from the use of his and/or Mitchell's truck.
54. Fumes which passed through the Mitchell tank increased the flammable vapors available at the McElroy truck for ignition.

(emphasis added). The court made no specific finding that the vacuum pump was “the cause” of the fire. Thus, we must turn our attention -to the phrase “arising out of.” If “arising out of’ is satisfied by the pump having any causal connection with the fire, then the “operations exclusion” applies to bar coverage under Tri-State’s policy.

The Supreme Court of Oklahoma has not discussed the degree of causation generally implied by using the phrase “arising out of.” However, in Wallace v. Sherwood Constr. Co., 877 P.2d 632, 633-34 (Okla.Ct.App.1994), an Oklahoma appellate court held that “.arising out of’ merely requires causation-in-fact. The court stated that such an interpretation was consistent with Oklahoma’s interpretation of “arising out of’ in other contexts. See id. For example, in workman’s compensation cases, “ ‘arising out of employment’ requires a ‘causal relationship between the act engaged in at the time the [sic] injury occurs and the employment requirements.’ ” Id. at 633 (quoting Ogg v. Bill White Chevrolet Co., 720 P.2d 324, 325 (Okla.1986)); see also American Management Sys. v. Burns, 903 P.2d 288, 290 n. 4 (Okla.1995) (in worker’s[*804] compensation case, “‘arise out of employment’ contemplates the causal connection between the injury and the risks incident to employment”). In the context of automobile cases, Oklahoma employs a “chain of events” test, in which “the causal connection may be ‘less than proximate cause in a tort case.’ ” Wallace, 877 P.2d at 635 (quoting Safeco Ins. Co. of America v. Sanders, 803 P.2d 688, 692 (Okla.1990)).

The Oklahoma appellate court’s interpretation is consistent with the general consensus that the phrase “arising out of’ should be given a broad reading such as “originating from” or “growing out of’ or “flowing from” or “done in connection with”—that is, it requires some causal connection to the injuries suffered, but does not require proximate cause in the legal sense. See American States Ins. Co. v. Bailey, 133 F.3d 363, 370 (5th Cir.1998); Winnacunnet Coop. Sch. Dist. v. National Union Fire Ins. Co., 84 F.3d 32, 35 (1st Cir.1996) (applying New Hampshire law); Allstate Ins. Co. v. Smiley, 276 Ill.App.3d 971, 213 Ill.Dec. 698, 659 N.E.2d 1345, 1351 (1995); United Serv. Auto. Ass’n v. Morgan, 23 Kan.App.2d 987, 939 P.2d 959, 964-65 (1997); Mass Transit Admin. v. CSX Transp., Inc., 349 Md. 299, 708 A.2d 298, 305-07 (1998); Meadowbrook, Inc. v. Tower Ins. Co., 559 N.W.2d 411, 419 (Minn.1997); Farmers Union Coop. Ins. Co. v. Allied Prop. and Cos. Ins. Co., 253 Neb. 177, 569 N.W.2d 436, 439 (1997); American Motorists Ins. Co. v. L-C-A Sales Co., 155 N.J. 29, 35-36; 713 A.2d 1007, 1010 (1998); Toll Bridge Auth. v. Aetna Ins. Co., 54 Wash.App. 400, 773 P.2d 906, 908 (1989); see also 7 Am.Jur.2d Automobile Insurance § 162 (1997) (“The phrase ‘arising out of the use’ affords coverage for injuries where the insured vehicle bears almost any causal relation to the accident at issue, however minimal.”); 6B John Alan Appleman & Jean Ap-pleman, Insurance Law & Practice § 4317, at 360 (Rev. ed. 1979) (“The words ‘arising out of when used in such a provision are of broader significance than the words ‘caused by’, and are ordinarily understood to mean originating from,, incident to, or having connection with the use of the vehicle.”); Lee R. Russ & Thomas F. Segalla, Couch on Insurance 3d § 101:54 (1997) (“The phrase ‘arising out of is frequently given a broader meaning than proximate cause. The phrase is considered to mean ‘flowing from’ or ‘having its origin in,’ indicating that there only need be ‘a’ causal connection, rather than a proximate causal connection.”); D.E. Evins, Annotation, Automobile liability insurance: What are accidents or injuries “arising out of ownership, maintenance, or use” of insured vehicle, 89 A.L.R.2d 150, 161 (1963) § 6 (collecting cases that discuss “arising out of’) (superseded by Larry D. Scheafer, Annotation, Automobile liability insurance: what are accidents or injuries “arising out of ownership, maintenance, or use” of insured vehicle, 15 A.L.R.4th 10, 1982 WL 198954 (1982)).

Under this broad construction of “arising out of,” the district court’s findings are sufficient for us to conclude that the use of the pump had a causal connection to the fire and resulting injuries suffered by McElroy, given that Mitchell had commenced operating the vacuum pump and the pump increased the amount of fumes available for ignition.

However, a further question arises whether the broad construction of the phrase “arising out of’ is properly applied only to inclu-sionary clauses, as opposed to exclusionary clauses like the one involved in the present ease, given that exclusionary clauses are usually read narrowly. For example, in Westmoreland v. Lumbermens Mut. Cas. Co., 704 So.2d 176, 184-86 (Fla.Dist.Ct.App.1997), review dismissed, No. 92, 253, 1998 WL 293825, 717 So.2d 534 (Fla. Mar. 30, 1998), a case in which a running car was left in a closed garage and emitted carbon monoxide which was subsequently distributed throughout the house by the air conditioning system, the court defined “arising out of’ in an exclusionary clause more restrictively than had the same phrase appeared in an inclusionary clause. In contrast, other courts have applied the phrase “arising out of’ similarly in inclusionary and exclusionary clauses. See Pacific Employers Ins. Co. v. Michigan Mut. Ins. Co., 452 Mich. 218, 549 N.W.2d 872, 877 (1996) (noting that language of one insurer’s exclusionary clause was virtually identical to other insurer’s coverage clause and applying same construction of “arising out of the ...[*805] use of’ to both); Smiley, 213 Ill.Dec. 698, 659 N.E.2d at 1351-52 (noting that the phrase “arising out of’ is given a more restrictive meaning when found in an exclusionary-clause, but nevertheless applying general definition); L-C-A Sales Co., 155 N.J. at 40-42, 713 A.2d at 1013 (noting that exclusionary clauses are generally construed in favor of the insured, but holding that the phrase “arising out of and in the course of employment” is clear and unambiguous, requiring application of general meaning). Because we do not believe that we can make a principled distinction in meaning simply based upon where in the contract the phrase “arising out of’ appears, we decline to assign it a more restrictive meaning simply because it appears in the context of an exclusionary clause. Thus, we conclude that the “operations exclusion” clause precludes coverage under Healdton’s BAP.

We reject Federal’s contention made at oral argument that the “insured contract” clause of the “contractual exclusion” in the BAP indicates that Tri-State made an absolute commitment to pick up liability despite the “operations exclusion.” Issues raised for the first time at oral argument are considered waived. See Gross v. Burggraf Constr. Co., 53 F.3d 1531, 1547 (10th Cir.1995) (declining to consider inadequately briefed issue although plaintiff attempted to assert it at oral argument). Even if we were to consider the argument, we would find it unpersuasive. The “contractual exclusion,” found at Section II.B.2 of the Healdton BAP, provides that the policy does not apply to “[Pliability assumed under any contract or agreement.” However, it goes on to say that “this exclusion does not apply to liability for damages ... assumed in a contract or agreement that is an ‘insured contract.’” Federal contends that because the district court found that the M.S.A. § is an “insured contract,” the exception to the “contractual exclusion” makes moot the “operations exclusion.” However, the “insured contract” exception clearly applies only to the “contractual exclusion,” and the policy indicates that the exclusions are separate and independent, stating under “Exclusions” that “[t]his insurance does not apply to any of the following.” There is no indication that the “contractual exclusion” somehow trumps the “operations exclusion.” Because the exclusions are separate, even if the “insured contract” exception to the “contractual exclusion” applies so that the “contractual exclusion” would be ineffective, the “operations exclusion” still bars coverage under the BAP.

II. No. 96-5271

A. Mitchell’s BAP

The district court held that the BAPs TriState issued to McElroy and Mitchell did not provide coverage because Citation was not an additional insured on those policies. On appeal, Federal argues that it is entitled to recover on the BAP issued by Tri-State to Mitchell either because “a bridge of indemnity” was created by Healdton’s right to recover from Mitchell and Citation’s right to recover from Healdton, or because Citation was a third party beneficiary of the contract between Healdton and Mitchell.

We need not address the merits of either of Federal’s arguments. As Tri-State points out, Mitchell’s BAP contains an “operations exclusion” identical to that in Healdton’s BAP. Consequently, our discussion above applies equally here; because McElroy’s injuries arose out of the use of the vacuum pump on Mitchell’s truck, the “operations exclusion” bars coverage and the Tri-State BAP is inapplicable.

B. Prejudgment Interest

Federal also contends that the district court erred in denying Federal’s request for prejudgment interest on the $2 million judgment. Because we have determined that the BAP is inapplicable, we must decide only whether Federal should have received prejudgment interest on the $1 million award under Tri-State’s CGL policy.

In denying Federal’s request, the district court relied on Carney v. State Farm Mut. Auto. Ins. Co., 877 P.2d 1113 (Okla.1994), in which the Supreme Court of Oklahoma held that the liability of an uninsured/underin-sured motorist carrier was limited to the[*806] terms of the policy and denied prejudgment interest.

The court’s decision in Carney was based in part on the rationale that “the carrier’s liability [under the insurance contract] is limited by the contract.” Id. at 1119. Under this reasoning, we look to the terms of the contract into which Tri-State entered, and the instant dispute is answered by the plain terms of the CGL policy. The CGL policy provides:

We will pay, with respect to any “claim” or “suit” we defend:
6. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer.
These payments will not reduce the limits of insurance.

This language indicates that Tri-State agreed contractually to pay prejudgment interest beyond the policy limits. Consequently, the district court erred in denying Federal’s request for prejudgment interest.

CONCLUSION

In appeal 96-5206, the district court’s judgment is REVERSED and REMANDED to allow the district court to enter judgment in favor of Federal Insurance Company for $1 million rather than $2 million. In appeal 96-5271, the district court’s judgment is AFFIRMED in part and REVERSED in part, and REMANDED to allow the district court to calculate the prejudgment interest due Federal Insurance Company.