Harbor Insurance Co. v. Trammell Crow Co‪.‬

REAVLEY, Circuit Judge: Harbor Insurance Company (""Harbor"") brought this declaratory judgment action against Trammell Crow and the Chasewood Construction Company (collectively ""Chasewood"") seeking a declaration that it was not liable to Chasewood under an excess liability policy. Chasewood filed a counterclaim against Harbor seeking contractual and exemplary damages. The district court granted Harbor's motion for summary judgment and awarded attorneys' fees to Harbor. Holding that a genuine issue of material fact exists, we reverse and remand.