Mid-Continent Casualty Co. v. American Pride Building Co.

FAY, Circuit Judge:

This appeal arises out of a dispute between an insurance company and its insured regarding the insurer’s duty to indemnify the insured for the settlement of an underlying litigation. Mid-Continent Casualty Company (“Mid-Continent”) sued American Pride Building Company, LLC 1 (“American Pride”) for declaratory judgment that it is not obligated to defend or indemnify American Pride against a copyright infringement claim by Groff Construction, Inc. (“Groff’). Mid-Continent asserts that it has no duty to defend or indemnify American Pride because the underlying complaint does…