Scottsdale Insurance v. Knox Park Construction, Inc.

EDITH BROWN CLEMENT, Circuit Judge:

In this declaratory judgment action, the district court granted two motions for summary judgment by Landmark Insurance Co. (“Landmark”) and denied a cross-motion by Scottsdale Insurance Co. (“Scottsdale”). The court concluded that Landmark did not owe a duty to defend and was not obligated to cover breach of warranty claims brought in an underlying suit against Shade Tree Electric, Inc. (“Shade Tree”), which was the insured of both Scottsdale and Landmark. Knox Park Construction Co. (“Knox Park”), who had asserted the breach of warranty claims, had joined…