Meijer, Inc. v. General Star Indemnity Co.

OPINION

BENJAMIN F. GIBSON, Chief Judge.

Pending before the Court is the defendant’s motion for summary judgment and the plaintiffs cross-motion for partial summary judgment on Counts I and II of its amended complaint. For the reasons stated below, the plaintiffs motion is granted and defendant’s motion is denied.

I

Effective March 1, 1990, defendant General Star Indemnity Company (“GenStar”) sold the plaintiff a comprehensive general liability policy and an excess insurance policy. Under the terms of the first policy, GenStar obligated itself to indemnify Meijer for all sums in excess of a…