Unified School District No. 501 v. Continental Casualty Co.

MEMORANDUM AND ORDER

SAFFELS, District Judge.

This matter is before the court on motions of both parties for summary judgment. In this action, plaintiff seeks declaratory relief. The general issue in this case is whether an exclusion provision of a liability insurance policy prevents plaintiff’s recovery of expenses incurred in defending the school desegregation case of Brown v. Topeka Bd. of Educ., 671 F.Supp. 1290 (D.Kan.1987) (“Brown III”). The parties are in agreement on the underlying facts in this case. Therefore, the court is prepared to enter a declaratory judgment on this matter.

A.…