Imperial Casualty & Indemnity Co. v. High Concrete Structures, Inc.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

Having been sued in state court for breach of warranty, High Steel Structures, Inc. trading as High Steel Service Center, Inc. tendered the defense of the action to Imperial Casualty «& Indemnity Co. (“Imperial”), which had issued it a professional liability policy, and to United States Fidelity <& Guaranty Co. (“USF «fe G”), which had issued it a comprehensive general liability policy. Both Imperial and USF «fe G declined to provide a defense, and Imperial subsequently brought this declaratory judgment action requesting a finding that it had no…