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AXIS REINSURANCE COMPANY v. NORTHROP GRUMMAN CORP.

No. 19-55135.

975 F.3d 840 (2020)

AXIS REINSURANCE COMPANY, a corporation, Plaintiff-Appellee, v. NORTHROP GRUMMAN CORPORATION, a corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 14, 2020.

Attorney(s) appearing for the Case

Kevin M. Fong (argued), Shaw Pittman LLP, San Francisco, California; Barry J. Fleishma , Shaw Pittman LLP, Washington, D.C.; for Defendant-Appellant.

Kim W. West (argued) and Alec H. Boyd , Clyde & Co. US LLP, San Francisco, California, for Plaintiff-Appellee.

Before: Richard A. Paez, Consuelo M. Callahan, and Patrick J. Bumatay, Circuit Judges.

OPINION

This case raises an issue of first impression in our circuit: when, if ever, may an excess insurer challenge an underlying insurer's payment decision as outside the scope of coverage? AXIS Reinsurance Company ("AXIS"), a secondary excess insurer to Northrop Grumman Corporation ("Northrop"), argues that...

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