Twin City Fire Insurance Company v. Hartman, Simon & Wood, LLP

Twin City Fire Insurance Company (“Twin City”) seeks recoupment of some or all of a $10 million settlement that it paid on behalf of its insured, the law firm of Hartman, Simons & Wood, LLP (“Hartman Simons”). The district court dismissed Twin City’s complaint and then denied Twin City’s motion for reconsideration of the dismissal. Twin City appeals both of the district court’s orders, arguing that it was error to conclude that the lawsuit was barred by two affirmative defenses: waiver and voluntary payment. Because the face of Twin City’s complaint does not clearly demonstrate the…