TIG Insurance Co v. Eagle Inc

PER CURIAM: *

In this insurance case, we are presented with a contract interpretation issue regarding an excess insurance policy. The excess insurance policy covers the Appel- lee-insured Eagle, Inc. (“Eagle”) on claims beyond the limits of the insured’s underlying insurance policies. The contract interpretation question presented is whether the Appellan1>-Insurer Gray Insurance Company (“Gray”) is obligated under the policy to pay “up-front” the covered claims and defense costs or “payback” those covered claims and defense costs. The district court consulted external documents in interpreting…