Employers Insurance of Wausau, a Mutual Company v. Granite State Insurance Company, Employers Insurance of Wausau, a Mutual Company v. Granite State Insurance Company

330 F.3d 1214 EMPLOYERS INSURANCE OF WAUSAU, a Mutual Company, Plaintiff-Appellant, v. GRANITE STATE INSURANCE COMPANY, Defendant-Appellee. Employers Insurance of Wausau, a Mutual Company, Plaintiff-Appellee, v. Granite State Insurance Company, Defendant-Appellant. No. 01-57231. No. 02-55024. United States Court of Appeals, Ninth Circuit. Argued and Submitted February 5, 2003. Filed June 4, 2003. Bryan M. Barber, Larson King, San Francisco, CA, for the appellant-cross-appellee. Mark G. Bonino and Marta B. Arriandiaga, Ropers, Majeski, Kohn & Bentley, San Jose, CA, for the appellee-cross-appellant. Appeal from the United States District Court for the Central District of California; Stephen V. Wilson, District Judge, Presiding. D.C. No. CV-92-00406-SVW. Before HALL, THOMPSON, and BERZON, Circuit Judges. Opinion by Judge CYNTHIA HOLCOMB HALL; Dissent by Judge DAVID R. THOMPSON CYNTHIA HOLCOMB HALL, Circuit Judge. 1 The instant case is a subrogation action between a primary insurer, Employers Insurance of Wausau ("Wausau"), and an excess insurer, Granite State Insurance Company ("Granite"). The parties dispute whether Granite is liable to Wausau as a result of a settlement paid by…