Alticor, Inc. v. National Union Fire Insurance

ROGERS, Circuit Judge.

This diversity case stems from allegations of breach of contract. The contract in question is a settlement agreement that sought to end earlier litigation. In that agreement, National Union agreed that it had a duty to defend Alticor in still other litigation (which is still ongoing). Alticor used its own counsel in the ongoing litigation and billed National Union, which refused to pay certain charges, which led to the present litigation. The district court granted summary judgment to Alticor. National Union appeals with respect to only three issues: whether National…