Berkley Regional Insurance v. Philadelphia Indemnity Insurance

HAYNES, Circuit Judge:

Philadelphia Indemnity Insurance Company (“Philadelphia”) appeals the grant of summary judgment to Berkley Regional Insurance Company (“Berkley”). We REVERSE and REMAND.

I. Facts

As the district court aptly characterized it, this case is “factually straightforward, [but] contractually complex.” Berkley Reg'l Ins. Co. v. Phila. Indem. Ins. Co., No. 1:10-CV-362, Order at 2 (W.D.Tex. Apr. 27, 2011). Accordingly, we describe only those facts necessary to gain an understanding of the insurance coverage question presented here.

The underlying liability case involved a 2004…