Fireman's Fund Insurance v. Security National Insurance

MEMORANDUM *

Fireman’s Fund Insurance Company (“Fireman’s Fund”) appeals the district court’s grant of summary judgment in favor of Security National Insurance Company (“Security National”) regarding Security National’s duty to indemnify Fireman’s Fund. We reverse the district court and remand with instructions.

I. Duty to Indemnify

In the insurance context, the duty to indemnify exists if the facts of the case demonstrate a right to coverage under the insurance policy.1 The district court erred when it held that, to demonstrate the right to coverage in this case, Fireman’s Fund had to prove…