Reliance Insurance v. Liberty Mutual Fire Insurance

SUHRHEINRICH, Circuit Judge.

Plaintiff Rebanee Insurance Company (“Rebanee”) has sued defendant Liberty Mu*983tual Fire Insurance Company (“Liberty”) seeking a declaratory judgment of Liberty’s liability arising out of a fire which destroyed a building both companies insured. The district court, on the parties’ cross-motions for summary judgment, entered summary judgment in favor of Liberty. Reliance filed a timely notice of appeal and we AFFIRM.

I

The Jewish Federation Apartments (“JFA”) and DeMaria Building Company (“DeMaria”) entered into a construction contract for the building of an apartment…