United States Sixth Circuit

In plaintiff-insurers' action seeking reimbursement for their settlement contribution against its insured arising from an underlying lawsuit for antitrust violation and tortious interference with contract and with other business relations, district court's judgment is affirmed in its entirety where: 1) Kentucky will allow reimbursement for an insurer after a unilateral reservation of rights by the insurer over the objection of the insured in at least the narrow circumstances posed in this case and in cases such as Blue Ridge; 2) the district court did not err in finding that disparagement was not part of the underlying litigation at the time of the settlement, and thus, plaintiff is entitled to reimbursement of the settlement funds paid on behalf of the defendant; 3) the district court was correct in determining that plaintiff's duty to defend was triggered on November 8, 1999, the date the First Amended Complaint was docketed; and 4) the district court did not abuse its discretion in determining the damages and pre-judgment interest awarded.

Appellate Information

• Argued 01/20/2010
• Decided 03/12/2010
• Published 03/12/2010

Judges

• Before SILER, MOORE, and CLAY, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:Merrill S. Schell, Wyatt, Tarrant & Combs, LLP, Louisville, Kentucky, for Appellant. Robert G. Kamenec, Plunkett Cooney, Bloomfield Hills, Michigan, for Appellees. ON BRIEF:Merrill S. Schell, Wyatt, Tarrant & Combs, LLP, Louisville, Kentucky, for Appellant. Robert G. Kamenec, Plunkett Cooney, Bloomfield Hills, Michigan, James R. Lilly, Plunkett Cooney, Detroit, Michigan, for Appellees.