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In an action brought to determine the priority of coverage between certain insurance policies, district court judgment is affirmed where: 1) defendant's demand for plaintiff to be involved in the defense of anticipated suits by injured parties is enough to create an actual controversy and give plaintiff the right to bring a declaratory judgment action to determine priority of coverage; and 2) the court did not err in determining that defendant's policy provided primary coverage for the accident and that its umbrella policy would also be triggered before the policy issued by plaintiff came into play.
Appeal from the United States District Court for the Eastern District of Arkansas.
Submitted: June 11, 2009
Filed: July 2, 2009
Before BYE, HANSEN, and BENTON, Circuit Judges.
Opinion by BYE, Circuit Judge.