FIRST MERCURY INS. CO. v. CINCINNATI INS. CO.

Nos. 17-2006 and 17-2010.

882 F.3d 1289 (2018)

FIRST MERCURY INSURANCE COMPANY, Plaintiff-Counter/Defendant-Appellant/Cross-Appellee, v. CINCINNATI INSURANCE COMPANY, Defendant-Counter/Plaintiff-Appellee/Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

Filed February 26, 2018.


Attorney(s) appearing for the Case

Gregory D. Steinman , Madison, Mroz, Steinman & Dekleva, P.A., Albuquerque, New Mexico, for First Mercury Insurance Company.

Timothy L. Fields ( Nathan T. Nieman and Elizabeth A. Martinez with him on the briefs), Modrall Sperling Roehl Harris & Sisk, P.A., Albuquerque, New Mexico, for Cincinnati Insurance Company.

Before BACHARACH, MURPHY, and McHUGH, Circuit Judges.


This appeal asks us to settle a dispute between insurers over coverage for the defense and indemnification of a wrongful death action brought in a separate lawsuit. First Mercury Insurance Company ("First Mercury") assumed the duty to defend the wrongful death suit against Bingham Construction Company ("Bingham"), with a reservation...

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