Cellex Biosciences, Inc. v. St. Paul Fire & Marine Insurance Co.

OPINION

HUSPENI, Judge.

Appellant, the insured under a policy issued by respondent insurer, challenges the district court’s award of summary judgment to respondent on claims that respondent had no contractual obligation to reimburse appellant for pre-tender defense costs incurred by appellant in defending a lawsuit brought by a third party. Because we conclude that under the terms of the policy respondent is not obligated to reimburse appellant for pre-ten-der defense costs, we affirm.

FACTS

On June 18, 1993, Cellex Biosciences, Inc. (CBI) received a letter from Celox Corporation (Celox)…