Westchester Fire Ins. Co. v. Mendez, No. 07-17383

In an action by an insurer seeking a declaration that it had no obligation to defend or indemnify defendant against a certain claim because he failed to give proper notice of the claim to insurer, default judgment for plaintiffs is reversed where intervenor-Northwest Airlines should have been permitted to defend the declaratory relief action on its own.

Read Westchester Fire Ins. Co. v. Mendez, No. 07-17383

Appellate Information

Argued and Submitted April 17, 2009

Filed October 28, 2009

Judges

Opinion by Judge Clifton

Counsel

For Appellant:

Jeffrey A. Eyers and Jeffrey A. Ehrich, Leonard Street and Deinard, Minneapolis, MN

For Appellee:

Erin Fury Parkinson and Margaret Diamond, McGlinchey Stafford, New Orleans, LA