United States Eighth Circuit

In an action brought to determine the priority of coverage between certain insurance policies, district court judgment is affirmed where: 1) defendant's demand for plaintiff to be involved in the defense of anticipated suits by injured parties is enough to create an actual controversy and give plaintiff the right to bring a declaratory judgment action to determine priority of coverage; and 2) the court did not err in determining that defendant's policy provided primary coverage for the accident and that its umbrella policy would also be triggered before the policy issued by plaintiff came into play.

Appellate Information

• Decided 07/02/2009
• Published 07/02/2009

Judges

• BYE, Circuit Judge., Before BYE, HANSEN, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Robert Kenny McCulloch, argued, Little Rock, AR, for Appellant.


• For Appellees:
  
• Beverly Ann Rowlett, argued, Little Rock, AR, for Appellee.