EVI Equipment, Inc. v. Northern Insurance

McMurray, Presiding Judge.

Northern Insurance Company of New York (“Northern”) instituted a declaratory judgment action against EVI Equipment, Inc. (“EVI”) to determine the extent of its liability to EVI under a business liability insurance policy. Northern and EVI filed opposing motions for summary judgment, each seeking favorable declarations as to their rights and duties under the policy based on the following undisputed facts:

EVI is in the business of selling storage racks and shelving. Northern issued to EVI a general business liability insurance policy which provided that “[Northern]…