Dakota West Credit Union v. Cumis Insurance Society

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

DANIEL L. HOVLAND, Chief Judge.

Before the Court is the defendant CUMIS Insurance Society, Inc.’s Motion for Summary Judgment filed on November 1, 2007. The plaintiff, Dakota West Credit Union, filed a cross-motion for summary judgment and supporting memorandum on December 5, 2007. CUMIS filed a reply brief on December 12, 2007. For the reasons outlined below, the Defendant’s motion for summary judgment is granted, and the Plaintiffs motion is denied.

I. BACKGROUND

This is a coverage dispute…