Progressive Paloverde Insurance Company v. Hartford Fire Insurance Company

Reversed and remanded by published opinion. Judge LUTTIG wrote the opinion, in which Judge SHEDD and Senior Judge MICHAEL joined.

OPINION

LUTTIG, Circuit Judge:

Progressive Paloverde Insurance Company (“Progressive”) brought suit against Hartford Fire Insurance Company (“Hartford”), seeking a declaratory judgment that Hartford was the primary insurer for injuries sustained by Timothy Freeman on July 14,1998. The district court dismissed Progressive’s claim at summary judgment, finding that Progressive, not Hartford, was the primary insurer for Freeman’s injuries. Because we hold that Hartford’s…