Commercial Union Insurance v. John Massman Contracting Co.

MEMORANDUM AND ORDER

EARL E. O’CONNOR, Chief Judge.

This matter is before the court on cross motions for summary judgment. Plaintiff sues for payment of certain premiums allegedly due under three insurance policies it issued to defendant. Defendant counterclaims under a fourth policy for monies allegedly expended by it in defense and settlement of two earlier lawsuits. The underlying litigation grew out of an alleged breach of a subcontract between defendant and W.A. Ellis Construction Company (“Ellis”). Defendant claims that plaintiff was obligated to provide a defense and indemnify it against…