Employers Insurance of Wausau v. Occidental Petroleum Corp.

KING, Circuit Judge:

Plaintiff-Appellant Employers Insurance of Wausau (“Wausau”), in its own right and as representative of certain American Underwriters, 1 filed a cross-claim against Plaintiff-Appellee Occidental Petroleum Corporation (“Occidental”), seeking to recover marine insurance policy proceeds paid to Occidental in 1982 under a reservation of rights. Occidental moved for summary judgment. The district court granted the motion and dismissed Wausau’s cross-claim with prejudice. Wausau now appeals the district court’s order granting summary judgment. For the following reasons, we…