Old Republic Insurance v. Concast, Inc.

OPINION

ROBERT L. CARTER, District Judge.

Old Republic Insurance Co. (“Old Republic”), has sued Concast, Inc. (“Concast”), Sumitomo Heavy Industries (“SHI”), and Federal Insurance Co. (“Federal”), for a declaratory judgment that its Umbrella Policy with Concast does not afford coverage to SHI. Old Republic provides excess liability insurance to Concast. Federal is Concast’s primary insurer. The issue of SHI’s coverage under Concast’s insurance policy with Old Republic arises out of a subcontract between Concast and SHI. The question here is whether, under the terms of Old Republic’s policy with…