United States Tenth Circuit

In homebuilder's suit seeking a declaratory judgment that insurer had a duty, under a commercial general liability insurance policy, to defend it in a lawsuit brought against it in Kansas state court, a judgment for the insurer is affirmed where: 1) the district court did not err in concluding that the claims asserted in the underlying action fell within the scope of policy exclusions; 2) insurer did not have a duty to defend homebuilder; 3) there was no error in interpreting or adhering to the policy language at issue; and 4) homebuilder was not entitled to attorney's fees.

Appellate Information

• Decided 12/13/2006
• Published 12/14/2006

Judges

• BRISCOE, Circuit Judge., Before KELLY, McKAY, and BRISCOE, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Eric G. Kraft, Duggan, Shadwick, Doerr & Kurlbaum, Overland Park, KS, for Plaintiff-Appellant.


• For Appellees:
  
• Craig N. Johnson, Kutak Rock LLP, Denver, Colorado (Bradley J. Baumgart and Michael E. Brown, Kutak Rock LLP, Kansas City, MO, with him on the brief), for Defendant-Appellee.