Harbor Insurance Company, Plaintiff-Counterclaim v. Trammell Crow Company, Inc., and Chasewood Construction Company, Defendants-Counterclaim

REAVLEY, Circuit Judge:

Harbor Insurance Company (“Harbor”) brought this declaratory judgment action against Trammell Crow and the Chasewood Construction Company (collectively “Chase-wood”) seeking a declaration that it was not liable to Chasewood under an excess liability policy. Chasewood filed a counterclaim against Harbor seeking contractual and exemplary damages. The district court granted Harbor’s motion for summary judgment and awarded attorneys’ fees to Harbor. Holding that a genuine issue of material fact exists, we reverse and remand.

I

The controversy is over Harbor’s liability to…