Union Pacific Railroad v. American Family Mutual Insurance Co.

KAROHL, Judge.

Plaintiffs, Union Pacific Railroad Company (Union Pacific) and Missouri Pacific Railroad Company (Missouri Pacific) filed this declaratory judgment action against American Family Mutual Insurance Company (American Family) and David F. and Robin Mecey seeking a determination of whether American Family had a duty to defend them in a suit by David F. Mecey and Robin Mecey for injuries he sustained while working under a contract with Missouri Pacific. The Meceys and Union Pacific are not parties to this appeal. The trial court granted Missouri Pacific’s motion for summary judgment…