Pension Trust Fund for Operating Engineers, Plaintiff-Appellant-Cross-Appellee v. Federal Insurance Company, Defendant-Appellee-Cross-Appellant

SNEED, Circuit Judge.

This is an action alleging breach of a fiduciary responsibility insurance policy arising out of an insurance company’s refusal to defend its insured against a third party claim. The insured, Pension Trust Fund for Operating Engineers (“PTF”), appeals the district court’s grant of summary judgment in favor of Federal Insurance Company (“Federal”). PTF asserts that the district court erred in concluding that Federal had no duty to defend PTF against a claim brought by a third party, Winncrest Homes, Inc. (“Winncrest”), in an underlying action (“the Winncrest action”). At…