Klein v. Federal Insurance Co.

MEMORANDUM OPINION AND ORDER

SIDNEY A. FITZWATER, UNITED STATES DISTRICT JUDGE

In this insurance coverage dispute between the plaintiffs in a certified class action involving the administration of the vitamin E supplement E-Ferol Aqueous Solution (“E-Ferol”) and defendant Federal Insurance Co. (“Federal”), an excess liability carrier, both parties move for summary judgment. For the reasons that follow, the court concludes as a matter of law that the negligent conduct of one of the insureds is covered under the relevant insurance policy and grants the class plaintiffs’ motion for summary…