Drexel Chemical Co. v. Bituminous Insurance Co.

HIGHERS, Judge.

In this ease, plaintiff, Drexel Chemical Co., seeks a declaratory judgment that its insurer, Bituminous Insurance Co., is obligated to defend and indemnify Drexel in a suit currently pending in a Tennessee federal distinct court. Both Drexel and Bituminous filed motions for summary judgment. The trial court overruled Drexel’s motion, but granted Bituminous’ motion, holding that a policy exclusion relieved Bituminous of its duty to defend and to provide coverage to Drexel. Drexel has appealed the trial court’s judgment, arguing that the underlying claims against it are not…