Colonial Oil Industries Inc. v. Indian Harbor Insurance

SUMMARY ORDER

Plaintiff-appellant Colonial Oil Industries Inc. (“Colonial” or “plaintiff’), the insured, appeals from the District Court’s entry of judgment on the pleadings, pursuant to Fed.R.Civ.P. 12(c), in favor of its insurer, defendant-appellee Indian Harbor Insurance Co. (“defendant” or “Indian Harbor”). Colonial commenced this suit for breach of an insurance contract and seeks damages for Indian Harbor’s refusal to defend and indemnify Colonial with respect to the costs incurred from the transfer of contaminated fuel oil. We assume the parties’ familiarity with the underlying facts,…