Capitol Environmental Services, Inc. v. North River Insurance

MEMORANDUM OPINION

T.S. ELLIS, III, District Judge.

This diversity dispute between a policyholder and an insurer presents the question on cross motions for summary judgment whether an insurer must indemnify a policyholder for a covered claim made against the policyholder in an underlying case where, as here, the covered claim was dismissed as moot in the underlying case and there is no apparent likelihood that the claimant can or will attempt to pursue the dismissed clam against the policyholder. Put more succinctly, the question is whether the policyholder must indemnify a policyholder for a…