West American Ins. v. Ambassador Pizza

EBEL, Circuit Judge.

'West American Insurance Company appeals the district court’s declaratory judgment that it had a duty to defend its insureds ■under an insurance contract. The insureds cross-appeal the district court’s denial of a motion for attorney fees incurred by the insureds in litigating the declaratory judgment action. We affirm.

BACKGROUND

On November 11,1993, high school student Bryce K. Morris (“Morris”) hit James P. Harper (“Harper”), a pedestrian in a crosswalk, with his car while delivering a pizza for his employer, AS & S, Inc. (“AS & S”), in Riverton, Utah. AS & S is a…