Oliver MacHinery Co. v. United States Fidelity & Guaranty Co.

Opinion

JOHNSON, J .

On cross-motions for summary judgment or adjudication of issues, the trial court determined as a matter of law United States Fidelity and Guaranty Company (USF&G) has no duty to defend or indemnify Oliver Machinery Company (Oliver) in the underlying action under a vendor’s broad form endorsement contained in a policy issued to Pal Industries, Inc. (Pal).

There are two issues on appeal. First, does an exclusionary clause for relabeled products release the insurer from providing coverage and the duty to defend the additional insured. Second, is a product manufactured by a…