MARTIN K. EBY CONST. CO. v. ONEBEACON INS. CO.

No. 13-3076.

773 F.3d 1122 (2014)

MARTIN K. EBY CONSTRUCTION COMPANY, INC., Plaintiff-Appellee, v. ONEBEACON INSURANCE COMPANY, as Successor to Commercial Union Insurance Company, Defendant, and Kellogg Brown & Root, LLC, Defendant-Appellant. Continental Casualty Company; National Fire Insurance Company of Hartford, as Successor by Merger with Transcontinental Insurance Company; Columbia Casualty Company; Valley Forge Insurance Company, Plaintiffs, v. OneBeacon Insurance Company, as Successor to Commercial Union Insurance Company, Defendant, and Travelers Casualty and Surety Company, as Successor to Aetna Casualty and Surety Company; United States Fidelity and Guaranty Company; St. Paul Fire and Marine Ins. Co.; Athena Assurance Company; Martin K. Eby Construction Company, Inc., Defendants-Appellees, and Kellogg Brown & Root, LLC, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 9, 2014.


Attorney(s) appearing for the Case

Lauren B. Harris , Porter Hedges LLP, Houston, TX ( David M. Rapp and Eric Barth , Hinkle Law Firm, LLC, Wichita, KS, and Jonna N. Summers , Porter Hedges, LLC, Houston, TX, with her on the briefs) for Plaintiff-Appellant Kellogg Brown & Root, LLC.

James D. Oliver , Foulston Siefkin LLP, Overland Park, KS ( Randall K. Rathburn , Depew Gillen Rathburn & McInteer LC, and Jeffery A. Jordan , Foulston Siefkin LLP, Overland Park, KS, with him on the brief) for Defendant-Appellee Martin K. Eby Construction Co., Inc.

Donna J. Vobornik , Dentons U.S. LLP, Chicago, IL ( Geoffrey J. Repo and William T. Barker , Dentons U.S. LLP, Chicago, IL, with her on the brief) for Defendants-Appellees Travelers, et al.

Before BACHARACH, McKAY, and McHUGH, Circuit Judges.


This appeal involves indemnity and insurance.

The indemnity issues arise out of a promise by Martin K. Eby Construction Company's predecessor to build a water pipeline. To build the water pipeline, Eby engaged another company (the predecessor to Kellogg Brown & Root, LLC), promising indemnity for claims resulting...

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