Continental Western Insurance v. Colony Insurance

ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT

WILEY Y. DANIEL, SENIOR UNITED STATES DISTRICT JUDGE

I. INTRODUCTION AND BACKGROUND

THIS MATTER is before the Court on cross motions for summary judgment. Plaintiff Continental Western Insurance Co. (“Continental”) filed its Motion for Summary Judgment (ECF No. 21) on January 27, 2014. Defendant Colony Insurance Co. (“Colony”) filed its Cross Motion for Summary Judgment (ECF No. 23) on *1078February 18, 2014. A hearing was held on these motions on August 6, 2014.

By way of background, this suit stems from the multi-state listeria outbreak of September 2011,…