Marston v. United States Fidelity & Guaranty Co.

The plaintiffs, Donald and Linda Marston, appeal from a Superior Court (Dalianis, J.) order granting an amended motion for summary judgment filed by the defendant, United States Fidelity and Guaranty Company (USF&G), in a declaratory judgment action. On appeal, the plaintiffs argue that the superior court erred in: (1) allowing USF&G to relitigate issues of fact after its *708insured, A&E Forklift Company (A&E), had defaulted in the underlying tort action; (2) allowing USF&G to file an amended motion for summary judgment; and (3) finding that USF&G was not obligated to insure A&E under the…