Continental Casualty Co. v. North American Capacity Insurance

REAVLEY, Circuit Judge:

Three primary insurers and one excess carrier appeal the district court’s determination on summary judgment of their duties to defend a contractor who allegedly was responsible for a fire that occurred during construction. The district court held that the three primary insurers must split the costs initially spent by one of them defending the insured, while the excess insurer could not recover any of its defense costs from the primary insurers. We AFFIRM as to the allocation among the primary insurers of the initial defense costs, and REVERSE to award defense costs to…