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CONTINENTAL CAS. v. NORTH AMERICAN CAPACITY INS.

No. 10-20262.

683 F.3d 79 (2012)

CONTINENTAL CASUALTY CO., Plaintiff-Third Party Defendant-Intervenor Defendant-Counter Claimant-Appellee-Cross Appellee-Cross Appellant, v. NORTH AMERICAN CAPACITY INSURANCE CO., Defendant-Intervenor-Defendant-Counter Claimant-Appellee-Cross Appellant-Cross Appellee, v. Columbia Casualty Co., Third Party Defendant Intervenor Defendant-Counter Claimant-Appellee Cross Appellee-Cross Appellant, v. National Union Fire Insurance Company of Pittsburgh, Pennsylvania, Intervenor Plaintiff-Third Party-Plaintiff Counter Defendant-Appellant-Cross Appellee.

United States Court of Appeals, Fifth Circuit.

May 30, 2012.

Attorney(s) appearing for the Case

Christopher R. Carroll (argued), Carroll, McNulty & Kull, L.L.C., Basking Ridge, NJ, George T. Jackson , Burck, Lapidus & Jackson, Houston, TX, for Plaintiff-Third Party Defendant-Appellee Cross-Appellant.

Marcie Lynn Schout , William Lance Lewis (argued), Gregory Marshall Sudbury , Quilling, Selander, Lownds, Winslett & Moser, P.C., Dallas, TX, for Defendant-Intervenor Defendant-Appellee Cross-Appellant.

Michael Alan Choyke (argued), Thomas Clark Wright , Wright & Close, L.L.P., Houston, TX, David John Kennedy Metzler , Cowles & Thompson, P.C., Dallas, TX, for Intervenor Plaintiff-Appellant Cross-Appellee.

Before REAVLEY, GARZA and SOUTHWICK, Circuit Judges.

REAVLEY, Circuit Judge:

Three primary insurers and one excess carrier appeal the district court's determination on summary judgment of their duties to defend a contractor who allegedly was responsible for a fire that occurred during construction. The district court held that the three primary insurers must split the costs initially spent by one of them defending the insured, while the excess insurer could not recover any of its defense costs from the primary insurers...

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