Carboline Company, a Missouri Corporation v. The Home Indemnity Company, a New York Insurance Corporation

CUMMINGS, Circuit Judge.

In this February 1974 diversity action, plaintiff sought a declaration of rights under three identical insurance policies issued by defendant. Plaintiff contends that these policies provide coverage for a counterclaim and cross-claim against plaintiff in an action pending in the court below. 1 The parties filed cross-motions for summary judgment. In an unreported memorandum opinion and judgment order, the district court granted defendant’s motion for summary judgment.

In October 1967, Rysgaard-Master Co., Inc. (“Rysgaard”), a painting contractor, negotiated with United…