Weitz Co. v. Travelers Casualty & Surety Co. of America

ORDER ON MOTION OF DEFENDANT EMPLOYERS INSURANCE OF WAUSAU FOR SUMMARY JUDGMENT

GRITZNER, District Judge.

This matter comes before the Court on Defendant Employers Insurance of Wau-sau’s (‘Wausau”) Motion for Summary Judgment (Clerk’s No. 36). A hearing was held on April 4, 2003; Henry A. Harmon argued on behalf of Wausau, and John A. Templer argued on behalf of Plaintiff, The Weitz Company (“Weitz”). For the reasons discussed below, Wausau’s Motion for Summary Judgment is denied.

I. BACKGROUND FACTS 1

In 1989, Weitz entered into a general contractor construction contract with Shoreline Care,…