Gruetzmacher v. Acuity

MEMORANDUM OPINION AND ORDER

KYLE, District Judge.

INTRODUCTION

This case involves the interpretation of a homeowner’s insurance policy issued by Defendant Acuity, a Mutual Insurance Company (“Acuity”), to Plaintiff Kim Gru-etzmacher. In June 2002, while the policy was in effect, Gruetzmacher was sued. He tendered the defense of the action to Acuity but Acuity refused to provide a defense, contending that the lawsuit was not covered under the policy. The issue now before the Court is whether Acuity had a duty to defend Gruetzmacher. For the reasons set forth below, the Court determines that…