Dish Network Corp. v. Arrowood Indemnity Co., 772 F.3d 856 (10th Cir. Nov. 25, 2014)
Nov 25, 2014
Applying the mandate rule to an effort by insurers to file post-appeal motions for summary judgment raising additional policy-based challenges to the insured’s claim that the insurers had a duty to defend, the court held that the remand language, which “directed the district court ‘to address . . . in the first instance’ the additional arguments that were asserted by the Insurers in their original summary judgment motions but not resolved by the district court in granting those motions,” did not limit the district court from considering other arguments the insurers might have regarding the duty to defend.