Twin City Fire Insurance v. Ohio Casualty Insurance

ANDERSON, Circuit Judge:

This is a diversity insurance coverage dispute governed by Alabama law. The district court granted summary judgment to the appellee, finding that a no-action clause in the policy bars coverage. We reverse and remand to the district court for further proceedings.

I. FACTS

The facts are undisputed. G.A. West & Co. (“West”) agreed to supply labor to appellant Alabama River Pulp Co. (“ARP”). The contract between West and ARP provided, in part:

To the fullest extent permitted by law, [West] shall indemnify and hold harmless ARP ... from and against any and all claims, costs,…