Modern Equipment Company, a Nebraska Corporation v. Continental Western Insurance Company, Inc., an Iowa Corporation

SMITH, Circuit Judge.

Modern Equipment Company (“Modern Equipment”) appeals from the district court’s 2 grant of summary judgment to Continental Western Insurance Company (“Continental Western”) on cross-motions for summary judgment. Modern Equipment sued Continental Western seeking a declaratory judgment establishing Continental Western’s duty to defend Modern Equipment in an underlying suit brought by Nebraska Beef Ltd. (“Nebraska Beef’) in Nebraska state court. We affirm.

I. Facts

Modern Equipment 3 designed a meat storage-rack system that Nebraska Beef purchased for use in its refrigerated…