United States Fidelity & Guarantee Insurance v. Commercial Union Midwest Insurance

HANSEN, Circuit Judge.

This case involves a dispute between insurance companies over whose policy covers Payless Cashways, Inc.’s (Payless) liability related to the tragic death of Brent A. Hincher, who was killed during a work accident on Payless’s premises. The district court granted summary judgment to Commercial Union Midwest Insurance Company (CU) and American Employers’ Insurance Company (AE), finding that Payless was not insured under AE’s policy and that CU’s policy provided only excess insurance after United States Fidelity and Guarantee Insurance Company’s (USF & G) primary coverage…