Cedarburg Light & Water Commission v. Glens Falls Insurance

The rules under which this court approaches questions on summary judgment are well established and no useful purpose will be served by again restating them.

The pleadings reflect that the case is predicated upon breach of contract — the breach being the defendants’ failure to indemnify under the terms of the fire insurance contracts.

This case is not directed to recovery of litigation expenses in the present action, but to recovery of litigation expenses incurred by the plaintiff in a collateral suit against third-party wrongdoers.

As we consider this case on motion for summary judgment, the…