BP Oil Co. v. Federated Mutual Insurance

STILWELL, Judge:

Seeking to recover expenses incurred in defending an underlying tort action, BP Oil Company (BP) filed this suit against its distributor, Wilkerson Fuel Company, Inc. (Wilkerson), and Wilkerson’s insurance carrier, Federated Mutual Insurance Company (Federated). BP sought indemnity from Wilkerson arising out of indemnity provisions contained in agreements between the two. BP, an additional insured under a liability policy issued to Wilkerson, also sought damages from Federated resulting from Federated’s refusal to defend BP in the underlying action. Wilkerson cross-claimed…