United States Tenth Circuit

Remanded for further proceedings to resolve whether insureds' attorney fees and expenses incurred in declaratory judgment actions constitute "loss" under reinsurance contract, and to determine prejudgment interest; with respect to unambiguous provisions, the district court judgment is affirmed.

Appellate Information

• Decided 02/17/2004
• Published 02/17/2004

Judges

• HARTZ, Circuit Judge., Before HARTZ, HOLLOWAY, and McKAY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Douglas R. Richmond (Patrick J. Kenny and Carlton D. Callenbach, with him on the briefs), of Armstrong Teasdale LLP, Kansas City, MO, for Plaintiff-Counter-Claim Defendant-Appellant/Cross-Appellee., Vincent F. O'Flaherty (Julie J. Gibson and Michael L. Belancio, with him on the briefs), of Niewald, Waldeck & Brown, Kansas City, MO, for Defendant-Counter-Claimant-Appellee/Cross-Appellant.