Lafarge North America, Inc. v. K.E.C.I. Colorado, Inc.

Opinion by

Judge J. JONES.

Defendant, K.E.C.I. Colorado, Inc., appeals the district court's summary judgment ruling that it breached contractual obligations to defend, indemnify, and insure plaintiff, Lafarge North America, Inc. We conclude that (1) K.E.C.I. breached the duty to defend but that it is premature to assess damages for that breach; (2) Lafarge is not entitled to summary judgment on its indemnification claim; and (8) the district court incorrectly construed K.E.C.I's duty to insure Lafarge. Therefore, we affirm the judgment in part, reverse it in part, and remand the case for…