TRANSIT CAS. CO. v. SELECTIVE INS. CO. OF SOUTHEAST

No. 97-1090.

137 F.3d 540 (1998)

TRANSIT CASUALTY COMPANY, Plaintiff/Appellee, v. SELECTIVE INSURANCE COMPANY OF THE SOUTHEAST, Defendant/Appellant.

United States Court of Appeals, Eighth Circuit.

Decided February 18, 1998.

Rehearing and Suggestion for Rehearing Denied April 7, 1998.


Attorney(s) appearing for the Case

Paula Marie Young, James C. Owen, McCarthy & Leonard, Chesterfield, MO, for Plaintiff-Appellee.

William Edward Quirk, Philip W. Bledsoe, Michael James Elston, Shughart Thomson & Kilroy, P.C., Kansas City, MO, for Defendant-Appellant.

Debra J. Hall, Anthony J. Mormino, Washington, DC, for Amicus Curiae.

Before WOLLMAN, BEEZER and MURPHY, Circuit Judges.


Rehearing and Suggestion for Rehearing En Banc Denied April 7, 1998.

BEEZER, Circuit Judge:

Selective Insurance Company appeals the district court's summary judgment holding that Selective may not offset its debt to Transit Casualty Company against the sums owed by Transit to Selective. The district court held that the contractual right of offset between the parties conflicted with the insolvency clause in the contracts and that granting the offset violated...

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