St. Paul Fire & Marine Insurance v. Liberty Mutual Fire Insurance
Opinion
Lead Opinion
ORDER WITHDRAWING DISPOSITION AND DENYING REHEARING
This court’s memorandum disposition, filed June 20, 2001, is hereby WITHDRAWN. The attached memorandum will be filed in its stead.
With the filing of this new disposition, the petitions for rehearing, filed respectively by Appellee on June 29, 2001 and by Appellant on July 3, 2001, are DENIED.
*515 MEMORANDUM *
In this contribution action between two insurance companies, the district court held that Appellant Liberty Mutual Fire Insurance Company (“Liberty”) had a duty to defend Redgwick Construction Company (“Redgwick”) in the underlying action, and that Liberty was obligated to pay one-half of the attorneys’ fees and costs therein. In granting Appellee St. Paul Fire and Marine Insurance Company’s (“St.Paul”) summary judgment motion, the court further held that Liberty also had a duty to indemnify Redgwick, and that Liberty was liable to St. Paul for one-half of the settlement amount paid by St. Paul on behalf of Redgwick. The district court also denied Appellant Liberty’s motion for leave to file a counterclaim against St. Paul. The court further ordered Liberty to pay prejudgment interest to St. Paul. Liberty appeals.