Home Depot U.S.A., Inc. v. Federal Insurance

PER CURIAM. *

In this liability insurance coverage dispute, we are asked to determine whether an insurance company had a duty to defend an insured in a state court lawsuit (which has since settled). On cross-motions for summary judgment, the district court denied summary judgment for Federal Insurance Company (“Federal”), the insurance company, and granted summary judgment in favor of Home Depot U.S.A., Inc. (“Home Depot”), the insured. The district court held that Federal breached its duty to defend Home Depot in personal injury litigation brought by a Home Depot customer. As explained below…