EMJ Corporation v. Hudson Specialty Insuran

EDITH H. JONES, Circuit Judge:

This is an appeal and a cross-appeal of a dispute concerning excess insurance policies and pro rata coverage. We largely agree with the district court’s well-reasoned resolution of these issues and affirm.

BACKGROUND

In early 2005, Westchester was a commercial umbrella insurer for EMJ Corporation, a general contractor building a J.C. Penney store in Southaven, Mississippi. During that project, EMJ subcontracted with Contract Steel Construction, Inc. for steel erection services. As part of the subcontract, Contract Steel agreed to obtain insurance to protect it and…