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EMPLOYERS INS. OF WAUSAU v. GRANITE STATE INS. CO.

Nos. 01-57231, 02-55024.

330 F.3d 1214 (2003)

EMPLOYERS INSURANCE OF WAUSAU, a Mutual Company, Plaintiff-Appellant, v. GRANITE STATE INSURANCE COMPANY, Defendant-Appellee. Employers Insurance of Wausau, a Mutual Company, Plaintiff-Appellee, v. Granite State Insurance Company, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 4, 2003.

Attorney(s) appearing for the Case

Bryan M. Barber, Larson King, San Francisco, CA, for the appellant-cross-appellee.

Mark G. Bonino and Marta B. Arriandiaga, Ropers, Majeski, Kohn & Bentley, San Jose, CA, for the appellee-cross-appellant.

Before HALL, THOMPSON, and BERZON, Circuit Judges.

Opinion by Judge CYNTHIA HOLCOMB HALL; Dissent by Judge DAVID R. THOMPSON

CYNTHIA HOLCOMB HALL, Circuit Judge.

The instant case is a subrogation action between a primary insurer, Employers Insurance of Wausau ("Wausau"), and an excess insurer, Granite State Insurance Company ("Granite"). The parties dispute whether Granite is liable to Wausau as a result of a settlement paid by Wausau on behalf of California Water Services ("CWS"), a mutual insured.

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