Insurer Asks 9th Circ. To Affirm 49ers Fan Fight Coverage Split

Law360, Los Angeles (December 18, 2017, 5:45 PM EST) -- First Mercury Insurance Co. on Friday asked the Ninth Circuit to uphold a ruling that Great Divide Insurance Co. must share the costs of defending a suit brought by two men assaulted at a San Francisco 49ers game, saying both the team and its insured are at risk for a judgment.

First Mercury said the district court correctly concluded both the 49ers and First Mercury's insured — stadium security company Elite Show Services Inc. — face potential independent liability from the suit, and therefore both insurers must share the burden of the defense costs.

"California law imposes upon an insurer a...

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