American Family Mutual Insurance v. National Fire & Marine Insurance

MEMORANDUM

American Family Mutual Insurance Company (“American Family”) appeals from the United States District Court for the District of Arizona’s grant of summary judgment in favor of Ohio Casualty Group (“Ohio Casualty”) and National Fire & Marine Insurance Company (“National Fire”) (collectively “Appellee Insurers”). American Family contends that the district court erred in ruling that the Appel-lee Insurers’ policies provided only excess coverage to George F. Tibsherany Devel opment Corporation (“GFTDC”), the general contractor for a condominium project, as an additional insured. American Family also asserts that the district court erred in concluding that GFTDC’s tender failed to provide Ohio Casualty with sufficient information to determine whether coverage existed under the policy it had issued to a subcontractor. We affirm because we are persuaded that the Appellee Insurers’ policies provided excess coverage over American Family’s primary coverage for GFTDC. Because of this conclusion, we do not address the sufficiency of GFTDC’s tender to Ohio Casualty.

I

GFTDC, the general contractor for the Astragal Luxury Villas condominium project (“Astragal Project”) in Maricopa…