Institute of London Underwriters v. First Horizon Insurance Company, First Horizon Insurance Company v. Institute of London Underwriters

DUHÉ, Circuit Judge:

In these two cases, a primary insurance carrier seeks from an excess carrier contribution for costs of defending its insured; the excess carrier seeks a declaratory judgment that it owes no defense costs to the primary carrier. On cross motions for summary judgment, the district court held that the excess carrier’s policy unambiguously relieves the excess carrier from the duty to defend and, therefore, the cost of defense. It also found no authority for the primary carrier’s claim for equitable subro-gation. We affirm for the same reasons.

A. The Policies’ Provisions on…