Diebold, Inc. v. Continental Casualty Co.

IRENAS, Senior District Judge:

This is an insurance coverage dispute between Plaintiff Diebold, Inc. (“Diebold”), the insured, and Continental Casualty Company (“Continental”), the insurer. 1 Presently before the Court are the parties’ motions for summary judgment.

For the reasons set forth below, summary judgment will be granted to Continental on the basis of its “discovery” affirmative defense. Diebold’s corresponding cross-motion for summary judgment will be denied. The Court also grants Continental’s Motion for Summary Judgment on Diebold’s bad faith claim. Both Continental’s and Diebold’s…