Legal Opinion
First Mercury Insurance v. Cincinnati Insurance
Court of Appeals for the Tenth Circuit
Decided February 26, 2018No. 17-2006; 17-2010PublishedCited by 5 opinions
1Opinion of the Court
McHUGH, Circuit Judge.
This appeal asks us to settle a dispute between insurers over coverage for the defense and indemnification of a wrongful death action brought in a separate lawsuit. First Mercury Insurance Company ("First Mercury") assumed the duty to defend the wrongful death suit against Bingham Construction Company ("Bingham"), with a reservation of rights. First Mercury then filed a complaint for declaratory judgment in federal district court for the District of New Mexico against Cincinnati Insurance Company ("Cincinnati"), seeking a declaration that it had no obligation to…
2Cases cited19 opinions
- Servants of the Paraclete v. DoesCourt of Appeals for the Tenth Circuit · 2000
- Medina v. City & County DenverCourt of Appeals for the Tenth Circuit · 1992
- Rivera v. American General Financial Services, Inc.New Mexico Supreme Court · 2011
- City of Albuquerque v. BPLW Architects & Engineers, Inc.New Mexico Court of Appeals · 2009
- Travelers Insurance Company v. Waltham Industrial Laboratories CorporationCourt of Appeals for the First Circuit · 1989
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3Cited by5 opinions
- Arch Insurance Company v. Knight Specialty Insurance CompanyDistrict Court, D. Nevada · 2023
- Calabretto Building Group v. Tradesmen International, LLC.Court of Appeals of Iowa · 2023
- Commerce & Indus. Ins. Co. v. Century Surety Co.Court of Appeals for the Sixth Circuit · 2020
- Rodriguez v. Kaiser-Francis Oil CompanyDistrict Court, D. New Mexico · 2024
- THE BURLINGTON INSURANCE COMPANY v. SHELTER STRUCTURES, INC.District Court, E.D. Pennsylvania · 2020