National Aviation Underwriters v. Caldwell

MEMORANDUM OPINION

DAVIDSON, District Judge.

This cause is presently before the court on the parties’ cross-motions for summary judgment. Having reviewed the parties’ memoranda of authorities and being otherwise fully advised in this matter, the court finds that the plaintiff’s motion for summary judgment should be sustained.

I

FACTUAL BACKGROUND

This is a declaratory judgment action brought pursuant to 28 U.S.C. § 2201. The plaintiff, National Aviation Underwriters (“National”), is an insurance company organized and existing under the laws of the State of Missouri and having its principal place…