Federated Mutual Insurance v. Grapevine Excavation Inc.

WIENER, Circuit Judge:

In this breach of contract and declaratory judgment action arising out of an insurance defense dispute, Defendant-Third Party Plaintiff-Appellant Grapevine Excavation, Inc. (“GEI”) appeals the district court’s grant of summary judgment in favor of Third Party Defendant-Appellee Maryland Lloyds (“Maryland”). Following a de novo review of the record, we reverse and render judgment in favor of GEI, but remand the case to the district court for a determination of the appropriate remedy. In addition, we retain jurisdiction for the limited purpose of deciding whether GEI is…