United National Insurance v. Indian Harbor Insurance

MEMORANDUM

Bartle, District Judge.

Before the court are the cross-motions for summary judgment of plaintiff Penn-America Insurance Company (“Penn-America”) and defendant Indian Harbor Insurance Company (“Indian Harbor”).

Penn-America was insured by Indian Harbor under a professional liability insurance policy (“Indian Harbor policy”). Penn-America has sued Indian .Harbor in this diversity action alleging breach of contract, breach of duties, and waiver and estoppel.1 It alleges that Indian Harbor improperly failed to pay Penn-America or Penn-America’s insureds amounts owed under the Indian…