Colony National Insurance v. Unique Industrial Product Co.

PER CURIAM: *

*889This declaratory judgment suit was filed by Plaintiff-Appellee Colony National Insurance Company (“Colony”) seeking a declaration that it had no duty to either defend or indemnify its insured, Defendant-Appellant Unique Industrial Product Company, L.P. (“Unique”), for claims in two underlying lawsuits against Unique. After considering extrinsic evidence in the form of an affidavit and the insurance application discussed therein, the district court granted summary judgment for Colony based on the insurance policy’s known-loss exclusion. For the following reasons, we REVERSE and…