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PHILADELPHIA INDEM. INS. CO. v. YOUTH ALIVE, INC.

Nos. 12-5759, 12-5805.

732 F.3d 645 (2013)

PHILADELPHIA INDEMNITY INSURANCE COMPANY, Plaintiff-Appellee/Cross-Appellant, v. YOUTH ALIVE, INC., Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 11, 2013.

Attorney(s) appearing for the Case

ARGUED: T. Morgan Ward, Jr. , Stites & Harbison, PLLC, Louisville, Kentucky, for Appellant/Cross-Appellee. Palmer G. Vance II , Stoll Keenon Ogden PLLC, Lexington, Kentucky, for Appellee/Cross-Appellant. ON BRIEF: T. Morgan Ward, Jr. , Jamie K. Neal , Stites & Harbison, PLLC, Louisville, Kentucky, for Appellant/Cross-Appellee. Palmer G. Vance II , Carl N. Frazier , Stoll Keenon Ogden PLLC, Lexington, Kentucky, Shea W. Conley , Matthew T. Lockaby , Reminger Co. LPA, Lexington, Kentucky, for Appellee/Cross-Appellant.

Before: SILER, GIBBONS, and GRIFFIN, Circuit Judges.

OPINION

GRIFFIN, Circuit Judge.

At this juncture, the sole question at issue in these consolidated appeals — which arise from an insurance coverage dispute between Philadelphia Indemnity Insurance Company ("Philadelphia Indemnity") and its insured, Youth Alive, Inc. ("Youth Alive") — is whether Youth Alive sufficiently alleged that Philadelphia Indemnity acted in bad faith in seeking a declaratory judgment that neither of its two pertinent...

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