Martin County Coal Corp. v. Universal Underwriters Insurance

MEMORANDUM OPINION & ORDER

AMUL R. THAPAR, District Judge.

The standard for securing summary judgment is appropriately a tough one, and courts should be hesitant to deprive litigants of their day in court. (Hence, this Court has already denied two such motions in this case.) But courts should not force parties who have thoroughly shown that they cannot lose at trial to still suffer the expense of actually going to trial. Universal has made that showing. It has compellingly demonstrated, with citations to case law and the record, that it can avoid paying for its insured’s settlement with another…