American Zurich Insurance v. Cooper Tire & Rubber Co.

OPINION

MERRITT, Circuit Judge.

The issue on appeal in this diversity case is whether the district court erred in dismissing the third-party complaint filed by an original defendant, Cooper Tire & Rubber Company, against its insurance broker, Marsh USA and Marsh Placements Inc. (collectively referred to as “Marsh”), after Cooper Tire voluntarily entered into a settlement with the parties to the original complaint. The district court granted summary judgment for third-party defendants Marsh, finding lack of an actual case or controversy between Marsh and Cooper Tire. Because we find that the…