ESICORP, INC. v. LIBERTY MUT. INS. CO.

Nos. 98-2912, 98-3040.

193 F.3d 966 (1999)

ESICORP, INC., St. Louis Testing Laboratories, Inc., Plaintiffs-Appellees/Cross-Appellants, v. LIBERTY MUTUAL INSURANCE COMPANY, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: October 19, 1999.


Attorney(s) appearing for the Case

Mark G. Arnold, St. Louis, MO, argued (Thomas M. Dee, on the brief), for Appellant.

Steven J. Weber, Mclean, VA, argued (Julian F. Hoffar and Heidi B. Hering, on the brief), for Appellee.

Before: LOKEN and MORRIS SHEPPARD ARNOLD, Circuit Judges, and WATERS, District Judge.


LOKEN, Circuit Judge.

Esicorp, Inc. ("Esicorp") sued St. Louis Testing Laboratories, Inc. ("SLT") for negligence. SLT's liability insurer, Liberty Mutual Insurance Company ("Liberty Mutual"), refused to defend SLT. Esicorp and SLT then settled that lawsuit—which we shall call the underlying action—agreeing that most of SLT's settlement obligation could be recovered only from Liberty Mutual. Esicorp, suing on behalf of itself and SLT, then commenced this...

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