Corn Plus Cooperative v. Continental Casualty Co.

ORDER

DOTY, District Judge.

This matter is before the court upon plaintiffs motion for partial summary judgment. Based upon a review of the file, record and proceedings herein, and for the reasons stated, the court grants plaintiffs motion in part.

BACKGROUND

This is a declaratory judgment action to enforce a Miller-Shugart settlement agreement 1 that was entered into by plaintiff Corn Plus Cooperative (“Corn Plus”) and Wanzek Construction, Inc. (“Wanzek”), and to declare coverage under the insurance policies implicated by that agreement. Defendant Continental Casualty Company (“Continental”)…