Tri-State Insurance Co. of Minnesota v. H.D.W. Enterprises, Inc.

MEMORANDUM AND ORDER

CROW, Senior District Judge.

This declaratory judgment case based upon diversity jurisdiction comes before the court on Tri-State Insurance Company of Minnesota’s (hereinafter “Tri-State”) motion for summary judgment. The fundamental issue posed by the parties is whether any material issue of fact precludes a determination of insurance coverage for a certain bus which was involved in a fatality accident in Kansas on September 27, 1999. Defendant Timothy Acton was driving the bus at the time of the accident in which defendant Amy Criqui’s husband, the father of Corvin and…