City of Pigeon Forge, Tennessee v. Midland Insurance Company

GUY, Circuit Judge.

Plaintiff, City of Pigeon Forge, Tennessee (City), appeals from an order of the district court granting summary judgment in favor of defendant, Midland Insurance Company (Company), in this action for damages under an insurance policy issued by defendant. For the reasons stated below, we affirm.

I

On April 23, 1984, plaintiff filed suit in Tennessee Circuit Court alleging that defendant had wrongfully refused to pay under the “Public Officials Liability Policy” issued to plaintiff by defendant. The case was removed on diversity grounds and, after removal, the parties consented…