Continental Casualty Co. v. St. Paul Mercury Fire & Marine Insurance

CHOATE, District Judge.

This cause came on before the Court on the 25th day of April, 1958, on Motion for Judgment on the Pleadings, filed by the plaintiff Continental Casualty Company, and Motion for Leave to Add Fourth Defense, and Motion for Summary Judgment, filed by defendant St. Paul Mercury Fire and Marine Insurance Company.

The Court granted said Motion for Leave to Add Fourth Defense but took under advisement plaintiff’s Motion for Judgment on the Pleadings, and defendant’s Motion for Summary Judgment. Both parties agreeing as to the facts and admitting that only a question of law was…