Nationwide Mutual Insurance v. CPB International, Inc.

OPINION OF THE COURT

BARRY, Circuit Judge.

CPB International (“CPB”) appeals the District Court’s grant of Nationwide Mutual Insurance Company’s (“Nationwide”) motion for summary judgment in this declaratory judgment action that Nationwide filed to determine its obligations under a commercial general liability (“CGL”) policy it had issued to CPB (the “policy”). The central issue is whether the policy required Nationwide to defend and indemnify CPB against an action brought by Rexall Sundown, Inc. and a related corporation, NBTY, Inc. (collectively “Rexall”). The action alleged that CPB breached…