Opinion
No. 13–3076.
2014-12-9
MARTIN K. EBY CONSTRUCTION COMPANY, INC., Plaintiff–Appellee, v. ONEBEACON INSURANCE COMPANY, as Successor to Commercial Union Insurance Company, Defendant, and Kellogg Brown & Root, LLC, Defendant–Appellant. Continental Casualty Company; National Fire Insurance Company of Hartford, as Successor by Merger with Transcontinental Insurance Company; Columbia Casualty Company; Valley Forge Insurance Company, Plaintiffs, v. OneBeacon Insurance Company, as Successor to Commercial Union Insurance Company, Defendant, and Travelers Casualty and Surety Company, as Successor to Aetna Casualty and Surety Company; United States Fidelity and Guaranty Company; St. Paul Fire and Marine Ins. Co.; Athena Assurance Company; Martin K. Eby Construction Company, Inc., Defendants–Appellees, and Kellogg Brown & Root, LLC, Defendant–Appellant.
Editor's Note: The opinion of the Court of Appeals, Tenth Circuit, in Martin K. Eby Const. Co. Inc. v. OneBeacon Ins. Co., published in the advance sheet at this citation, 773 F.3d 1122, was withdrawn from the bound volume because it was vacated on grant of rehearing February 3, 2015. For superseding opinion, see 2015 WL 437749.