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Hartford Fire Insurance Company; Federal Insurance v. Cna Insurance Company (Europe) Limited

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BeforeTorruella, Ripple, *fn1 and Lipez, Circuit Judges.

LIPEZ, Circuit Judge. After plaintiffs Hartford Fire Insurance Company (“Hartford”) and Federal Insurance Company (“Federal”) settled a wrongful death suit, they sought equitable contribution from the defendants, CNA Insurance Company (Europe) Limited (“CNA Europe”) and CNA Insurance Company Limited (“CNA Limited”),*fn2 for the amounts paid to defend and settle that underlying action. Interpreting the critical phrase “arising out of” in the context of the relevant insurance policy, the district court held that the defendants were not obligated to contribute, and granted summary judgment in their favor.

The plaintiffs appeal, arguing that the court’s interpretation was incorrect and that, given the facts surrounding the decedent’s death, the policy requires the defendants to contribute to the defense and settlement costs. We conclude that, even under the plaintiffs’ construction of the phrase “arising out of,” the defendants are not liable for any contribution. We thus affirm.

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