Mid-Continent Casualty Co. v. Titan Construction Corp.

MEMORANDUM *

Titan Construction Corporation (Titan) appeals the grant of a motion for summary judgment in favor of Mid-Continent Casu*768alty Company (Mid-Continent) in a declaratory action for the determination of Mid-Continent’s duty to indemnify Titan under a Commercial General Liability (CGL) policy. Because the facts are familiar to the parties, we do not recite them here except as necessary to explain our decision. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we reverse and remand.

We first address Mid-Continent’s motion to dismiss Titan under Federal Rule of Civil Procedure 25 or…