U.S. Fire Insurance v. Green Bay Packaging, Inc.

DECISION AND ORDER

ADELMAN, District Judge.

Plaintiff United States Fire Insurance Company (“U.S.Fire”) seeks a declaration that it need not indemnify defendant Green Bay Packaging, Inc. (“Green Bay”) under an excess liability insurance policy for a payment Green Bay was required to make to satisfy a judgment. Green Bay counterclaims, also seeking a declaration as to U.S. Fire’s obligations under the policy and alleging that U.S. Fire breached its duty to defend Green Bay. Jurisdiction is based on diversity of citizenship. U.S. Fire now moves for summary judgment.

I. FACTUAL BACKGROUND

A. The…