Container Supply Co. v. Fireman's Fund Insurance

MEMORANDUM AND ORDER

EARL E. O’CONNOR, Chief Judge.

This matter is before the court on the parties’ cross motions for summary judgment. Plaintiff brought this action, claiming that defendant breached a 1975 liability insurance contract by failing to defend it in a Texas lawsuit. Defendant contends it had no duty to defend plaintiff as it was not an insured under the insurance policy. The court has determined that there are no factual disputes and that summary judgment is an appropriate mechanism for resolving the parties’ dispute. The legal issue presented by the parties’ motions is a rather…