Puritan Insurance v. Canadian Universal Insurance

MEMORANDUM AND ORDER

BECHTLE, District Judge.

This case involves claims by plaintiff, an excess liability insurance carrier, against defendant, a primary liability insurance carrier. Presently before the court is the defendant’s motion for summary judgment on Count I of the complaint and dismissal of Counts II and III of the complaint. For the reasons stated herein the motion will be denied.

I. FACTS

During the time period relevant to this case defendant, Canadian Universal Insurance Company (“primary insurer”), provided Northwest Engineering Company (hereinafter referred to as the “insured”)…