Payne v. United States Fidelity & Guaranty Co.

MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT AGAINST DEFENDANT USF & G

SPELLMAN, District Judge.

This CAUSE comes before the Court on the Plaintiffs’ and Defendant’s Motions for Summary Judgment on the question of whether the insurer is obligated to defend the Plaintiffs against the actions filed by the United States Environmental Protection Agency (EPA) and the Florida Department of Environmental Regulation (DER). The parties are not here seeking a determination of the insurer’s obligations to indemnify the Plaintiffs for any potential liability in the…