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WEST AMERICAN INS. CO. v. AV & S

Nos. 96-4094, 96-4096, 96-4097, 96-4138 and 96-4151.

145 F.3d 1224 (1998)

WEST AMERICAN INSURANCE COMPANY, Plaintiff-Appellee-Cross-Appellant, v. AV & S, AM & S, LSK, AS & S and Ambassador Pizza, Inc., Defendants-Appellees-Cross-Appellants, and Barry Harper, as conservator for James Harper, Intervenor-Appellant-Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

July 14, 1998.

Attorney(s) appearing for the Case

Donald J. Purser and Rebecca L. Hill, Donald Joseph Purser & Associates, P.C., Salt Lake City, UT, for Plaintiff-Appellee-Cross-Appellant, West American Insurance Company.

Andrew H. Stone and Scott D. Cheney, Jones, Waldo, Holbrook & McDonough, Salt Lake City, UT, for Defendants-Appellees-Cross-Appellants, Ambassador Pizza, Inc., AV & S, AM & S and LSK.

Joseph J. Joyce and Kristen A. VanOrman, Strong & Hanni, Salt Lake City, UT, for Defendant-Appellee-Cross-Appellant AS & S, Inc.

Jeffrey D. Eisenberg, Alan W. Mortensen and Paul M. Simmons, Wilcox, Dewsnup & King, Salt Lake City, UT, for Intervenor-Appellant-Cross-Appellee Barry Harper.

Before EBEL, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and HENRY, Circuit Judge.

EBEL, Circuit Judge.

West American Insurance Company appeals the district court's declaratory judgment that it had a duty to defend its insureds under an insurance contract. The insureds cross-appeal the district court's denial of a motion for attorney fees incurred by the insureds in litigating the declaratory judgment action. We affirm.

BACKGROUND

On November 11, 1993, high school student Bryce K. Morris ("Morris") hit James P. Harper ("Harper...

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