CLAY, Circuit Judge. Plaintiffs, Travelers Property Casualty Company of America and Travelers Casualty & Surety Company (together “Travelers”), and Defendant, Hillerich & Bradsby Co., Inc. (“Hillerich”) cross-appeal a series of orders entered by the United States District Court for the Western District of Kentucky resolving cross-motions for summary judgment. First, the district court ruled that Travelers has a right to seek reimbursement for settlement costs paid in the underlying litigation and that the underlying litigation did not include a disparagement claim at the time of settlement. The district court also ruled that Travelers’ duty to defend Hillerich began with the First Amended Complaint filed on November 8, 1999. Pre-judgment interest was awarded to Travelers at 8% simple interest and no pre-judgment interest was awarded to Hillerich. For the reasons set forth below, we conclude the district court’s orders should be AFFIRMED in their entirety.

SUHRHEINRICH, Circuit Judge. The Double Jeopardy Clause of the Fifth and Fourteenth Amendments bars retrial following a declaration of mistrial unless the defendant consented to the mistrial or there was a “manifest necessity” for the mistrial. In this habeas appeal brought under 28 U.S.C. § 2244, Respondent Michael Sheets challenges the district court’s conclusion that the state court unreasonably applied Supreme Court precedent when it determined that the state trial court’s declaration of a mistrial was manifestly necessary and therefore not a violation of Colvin’s Fifth Amendment rights. We REVERSE.