PHICO INS. CO. v. PROVIDERS INS. CO.

No. 88-1968.

888 F.2d 663 (1989)

PHICO INSURANCE COMPANY, Plaintiff-Appellant, v. PROVIDERS INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied December 13, 1989.


Attorney(s) appearing for the Case

Sally H. Harris (Jeffrey L. Lauersdorf, with her on the briefs), of Wallace, Saunders, Austin, Brown & Enochs, Overland Park, Kan., for plaintiff-appellant.

Ronald McMillin of Carson, Coil, Riley, McMillin, Levine & Veit, Jefferson City, Mo. (Douglas M. Greenwald of McAnany, Van Cleave & Phillips, Kansas City, Kan., and David M. Druten of McAnany, Van Cleave & Phillips, Lenexa, Kan., with him on the brief), for defendant-appellee.

Before BRORBY, BARRETT and EBEL, Circuit Judges.


BARRETT, Senior Circuit Judge.

Phico Insurance Company (Phico) plaintiff below, appeals from the district court's Memorandum and Order denying its motion for summary judgment and granting a motion for summary judgment in favor of Providers Insurance Company (Providers), defendant below. In this diversity action, the issue presented is which insurance carrier is responsible to reimburse the other for the sum of $100,000 contributed toward a settlement. Jurisdiction...

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