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083535P.pdf 07/02/2009 Clarendon Natl. Ins. Co. v. United Fire & Casualty Co.
U.S. Court of Appeals Case No: 08-3535
U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Bye, Author, with Hansen and Benton, Circuit Judges]
Civil case - insurance. 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 this declaratory
judgment action to determine priority of coverage; district 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.