Pennsylvania National Mutual Casualty Insurance Co., Cross-Appellee v. Kitty Hawk Airways, Inc., and Jeffrey Thomason Pollard, Cross-Appellants

Insurer Pennsylvania National Mutual Casualty Insurance Co. (“Pennsylvania National”) appeals a grant of summary judgment in favor of its insured — Kitty Hawk Airways, Inc. (“Kitty Hawk”) — and Kitty Hawk’s former employee, Jeffrey Thomason Pollard. The district court granted Kitty Hawk’s motion for summary judgment on the grounds that Pennsylvania National is estopped from raising a defense of non-coverage by its assumption and continuation of Kitty Hawk’s defense for more than one year before raising a reservation of its rights. Finding that the doctrines of estoppel and waiver do not…