Fidelity & Guaranty Insurance Underwriters v. American Buildings Co.

MEMORANDUM

VANASKIE, District Judge.

On August 25, 1997, defendant American Buildings Company (ABC) filed a motion for summary judgment against plaintiff Tech-neglas, Inc., asserting that Home Insurance Company (Home), the insurer subrogee of Techneglas’ interest, was barred from litigating a subrogation claim against ABC because Home also insured ABC under a commercial umbrella policy in the amount of $25,000,000. (Dkt. Entry 142.) Because an insurer may not assert a subrogation claim against its insured, ABC’s motion for summary judgment will be granted.

ABC had asserted a third party claim…