Shelter Mutual Insurance v. Brown

ORDER GRANTING MOTION FOR SUMMARY JUDGMENT

WINGATE, District Judge.

Before the court is the plaintiffs motion for summary judgment filed pursuant to Rules 56(a) 1 and (c) 2 of the Federal Rules of Civil Procedure. The plaintiff Shelter Mutual Insurance Company filed the instant complaint for declaratory relief under the auspices of Title 28 U.S.C. § 2201. 3

By its complaint, Shelter Mutual asks this court to hold that it is not obligated under its homeowner’s liability insurance policy with the defendant, its insured, to defend the defendant in a state court lawsuit where the insured has been…