Nabholz Construction Corp. v. St. Paul Fire & Marine Insurance

ORDER RULING ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

EISELE, District Judge.

The case is before the Court on Cross-Motions for Summary Judgment. Also before the Court is a Motion to Dismiss filed by Third-party Defendant Mid-Continent Casualty Company (“Mid-Continent”). For the reasons stated below, the Court concludes that judgment as a matter of law must be entered in favor of Defendant St. Paul Fire and Marine Insurance Company. The Court’s ruling likely renders moot Mid-Continent’s request for dismissal of the Third-Party Complaint.

FACTS WITHOUT MATERIAL CONTROVERSY

This case arises out of an…