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PLANET INS. CO. v. MEAD REINSURANCE CORP.

No. 85-1535.

789 F.2d 668 (1986)

PLANET INSURANCE COMPANY, Plaintiff-Appellee, v. MEAD REINSURANCE CORPORATION, Defendant-Appellant. Integrity Insurance Company and Cochise County, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 19, 1986.

Designated for Publication May 6, 1986.

Attorney(s) appearing for the Case

Richard J. Woods, Nicholas J. Wallwork, O'Connor, Cavanah, Anderson, Westover, Killingsworth & Beshears, Phoenix, Ariz., for Planet Ins. Co.

William C. Smitherman, Joel D. Sacks, Smitherman & Sacks, Tucson, Ariz., for Cochise County.

Lawrence A. Peshkin, E.J. Kotalik, Jr., Fennemore, Craig, von Ammon, Udall & Powers, Phoenix, Ariz., for Integrity Ins. Co.

Kevin E. O'Malley, Michael L. Gallagher, Gallagher & Kennedy, P.A., Phoenix, Ariz., Ralph Robinson, Louis H. Castoria, Wilson, Elser, Edelman & Dicker, San Francisco, Cal., for Mead Reinsurance Corp.

Before BROWNING, Chief Judge, and TANG and BEEZER, Circuit Judges.

BEEZER, Circuit Judge:

This appeal involves the relative obligations to pay legal fees of primary and excess insurers under Arizona law. The district court in this declaratory judgment action granted summary judgment in favor of Planet Insurance Company and Integrity Insurance Company, the County's excess insurers. Mead Reinsurance Corporation appeals. We affirm.

FACTS

Mead insured the County of Cochise ("County"), Arizona, for damages arising from...

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