Empire Fire and Marine Ins. Co. v. Keifer

ORDER

CARR, Chief Judge.

This is a declaratory judgment action brought by Empire Fire and Marine Insurance Company [Empire], which seeks a declaration that an umbrella policy issued to Montpelier Auto Transport, Inc. [Montpelier] provides no coverage for injuries received by defendant Jason Chehi.

Pending are counter-motions for summary judgment. For the reasons that follow, I conclude that the policy provides coverage; accordingly, defendants’ counter-motion for summary judgment shall be granted.

Background

On December 10, 2002, Chehi was hit and seriously injured by a disabled recreational…