Hospital Underwriting Group, Inc. v. Summit Health Ltd., Sarahmarge Crigler, Cross-Appellee

JONES, J., concurred in the judgment.

BATCHELDER, Circuit Judge.

In this case of “Let’s you and him fight,” the trial court has been diverted from the real issues of the declaratory judgment action. Hospital Underwriting Group, Inc. (“HUG”) filed this action against Summit Health Ltd. (“Summit”), seeking to establish that it has no liability under an excess insurance policy for payment of any part of a judgment in an Arizona wrongful death action, or, alternatively, that it is entitled to indemnification from Summit for any amounts that HUG may be found liable to pay. The district court held…