Atlantic Mutual Insurance v. Gula

OPINION OF THE COURT

SLOVITER, Circuit Judge.

I

Appellant Atlantic Mutual Insurance Company appeals from the judgment of the District Court granting the motion of defendants Kathleen and Paul Gula to dismiss the complaint and denying Atlantic Mutual’s motion for judgment on the pleadings as moot. Atlantic Mutual filed this action for a declaratory judgment that it has no duty to indemnify or defend its insured, Novaeon, Inc., with respect to the suit brought by the Gulas against No-vaeon.

The issue arose when Kathleen Gula fell at work while carrying out her duties as an x-ray technician at…