Transcontinental Ins. v. Caliber One Indemnity Co.

MEMORANDUM OPINION

ELLIS, District Judge.

This diversity declaratory judgment case involves a coverage and duty-to-defend dispute among insurers and an insured. More specifically, the insured, having been sued, tendered the defense to its two insurers, one of which undertook the defense under a reservation of rights, while the other denied coverage and the duty to defend. Because the underlying case has settled, the insured and the defending insurer seek to recover defense costs and the amount of the settlement from the insurer who denied liability. At issue on summary judgment are the…