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FEDERAL INS. CO. v. TRI-STATE INS. CO.

Nos. 96-5206, 96-5271.

157 F.3d 800 (1998)

FEDERAL INSURANCE COMPANY, Plaintiff-Appellee & Cross-Appellant, v. TRI-STATE INSURANCE COMPANY, Defendant-Appellant & Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

September 15, 1998.

Attorney(s) appearing for the Case

John H. Tucker, Rhodes, Hieronymus, Jones, Tucker & Gable, Tulsa, OK (Kerry R. Lewis, Rhodes, Hieronymus, Jones, Tucker & Gable, Tulsa, OK, with him on the briefs), for Plaintiff-Appellee/Cross-Appellant.

Tom E. Mullen, Fenton, Fenton, Smith, Reneau & Moon, Oklahoma City, OK (Michael S. McMillin, Fenton, Fenton, Smith, Reneau & Moon, Oklahoma City, OK, with him on the briefs) for Defendant-Appellant/Cross-Appellee.

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

EBEL, Circuit Judge.

Federal Insurance Company ("Federal") settled a claim against its insured for $2.75 million. Federal's insured was also listed as an additional insured under policies issued by Tri-State Insurance Company ("Tri-State"). Federal sued Tri-State for indemnification of the $2.75 million. The district court held that Tri-State owed Federal $2 million under two of Tri-State's policies, but that two other Tri-State policies were inapplicable and that...

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