CONTINENTAL CAS. CO. v. HEMPEL

No. 95-2282.

108 F.3d 274 (1997)

CONTINENTAL CASUALTY COMPANY, Plaintiff-Counter-Defendant, v. Charles HEMPEL, Defendant-Appellant. Patrick L. WESTERFIELD, Representative of the Estate of Frank O. Westerfield, Jr., deceased, Defendant-Third-Party-Plaintiff Counter Defendant-Appellant, v. HARTFORD ACCIDENT & INDEMNITY COMPANY; Insurance Company of North America; Interstate Fire & Casualty Company; and St. Paul Fire and Marine Insurance Company; Third-Party Defendants Counter-Defendants-Counter Claimants-Third-Party Plaintiffs, Roy and Virginia Tauche Revocable Living Trust; Francis M. Graham Revocable Trust; Roxanne Graham Irrevocable Trust; Roxanne Graham Revocable Trust; Thomas Tauche Irrevocable Trust; Walter Tauche Irrevocable Trust; Thomas Tauche, only to the extent of any interest as a Beneficiary and/or as Trustee of one or more of named Trusts; First Security Bank, formerly known as First National Bank, as Trustee of one or more of the Trusts; Roy Tauche, only to the extent of any interest as a Beneficiary and/or as Trustee of one or more of the Trusts; Virginia Tauche, only to the extent of any interest as a Beneficiary and/or as Trustee of one or more of the Trusts; Roxanne Graham, only to the extent of any interest as a Beneficiary and/or any interest as a Beneficiary and/or as Trustee of one or more of the Trusts; Walter Tauche, only to the extent of any interest as a Beneficiary and/or as Trustee of one or more of the Trusts, Third-Party Defendants-Counter Defendants, and United States Fire Insurance Company, Third-Party-Defendant Counter Defendant-Counter-Claimant-Third-Party Plaintiff-Appellee.

United States Court of Appeals, Tenth Circuit.

February 27, 1997.


Attorney(s) appearing for the Case

Floyd Wilson of Wilson and Pryor, P.C., Albuquerque, NM, for Patrick L. Westerfield, Defendant-Third-Party-Plaintiff Counter Defendant-Appellant.

Richard D. Yeomans/Ramona Bootes of Guebert & Yeomans, P.C., Albuquerque, NM, for Charles Hempel, Defendant-Appellant.

William P. Gralow and M. Clea Gutterson of Civerolo, Wolf, Gralow & Hill for U.S. Fire Insurance Company, Third-Party-Defendant-Counter Defendant-Counter Claimnant-Third-Party Plaintiff-Appellee.

Before BRORBY, Circuit Judge, LOGAN and RONEY, Senior Circuit Judges.


RONEY, Senior Circuit Judge.

This case involves an excess legal malpractice insurance policy. Excess policies are written to provide coverage over and above that provided by a primary policy. Malpractice policies are issued in three forms: (1) "occurrence" policies cover acts of malpractice that occurred during the period of time for which the policy is written; (2) "claims made" policies cover only the malpractice claims made against the insured during the...

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