American International Specialty Lines Insurance v. Res-Care, Inc.

REAVLEY, Circuit Judge:

We are confronted in this case with an insurance coverage and apportionment dispute in which both the insurer and the insured have appealed from the district court’s judgment after a bench trial. The insurer, American International Specialty Lines Insurance Company, sued its insured, Res-Care, Inc., for breach of contract arising out of a non-waiver agreement that the parties executed in connection with the settlement of an underlying wrongful death suit against Res-Care. After American settled the underlying suit for $9 million, it sought reimbursement from Res-Care…