St. Paul Fire & Marine Insurance v. Schilli Transportation Services Inc.

MYERSCOUGH, District Judge.

In this diversity action, the district court granted summary judgment in favor of the plaintiff. The district court rejected the defendants’ contention that the insurance policy at issue was ambiguous and concluded that the policy imposed joint and several liability on the defendants for the payment of the deductible called for under the policy. Because we conclude the insurance policy was ambiguous as to the nature of the defendants’ liability for the deductible, we reverse and remand.

I. BACKGROUND

Plaintiff, St. Paul Fire & Marine Insurance Company (St. Paul),…