Este Oils Co. v. Federated Ins., Co.

Plaintiff-appellant Este Oils Company (“Este”) appeals from the decision of the trial court granting summary judgment to defendant-appellee Federated Insurance Company (“Federated”) on Este’s claims against Federated for indemnification and the costs of a defense.

THE FACTS

Este is an oil delivery company. On November 7, 1990, Este made a delivery of home heating oil to the home of Mark and Melody Weil, pursuant to a prior agreement for such delivery. Unbeknownst to the driver of the Este delivery truck, however, the oil tank in the basement of the Weil home had been removed. The delivery pipe…