Coleman Co. v. California Union Insurance

BALDOCK, Circuit Judge.

At issue in this declaratory judgment action is the interpretation under Kansas law of an umbrella insurance policy1 issued by defendant-appellants California Union Insurance Company (“Cal Union”) and Indemnity Insurance Company of North America (“Indico”) to plaintiff-appellee The Coleman Company, Inc. (“Coleman”).2 Specifically, we must determine whether defense costs incurred by the insured, Coleman, which are clearly included in calculating the limit of liability of the underlying policy, are also included in calculating the attachment point of the umbrella policy.…