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COAKLEY BAY CONDO. ASS'N v. CONTINENTAL INS.

Civ. No. 1990/182.

770 F.Supp. 1046 (1991)

COAKLEY BAY CONDOMINIUM ASSOCIATION, Plaintiff, v. The CONTINENTAL INSURANCE COMPANY, Defendant/Third-Party Plaintiff, v. MARSHALL AND STERLING, INC., Third Party Defendant.

District Court, Virgin Islands, D. St. Croix.

June 28, 1991.

Attorney(s) appearing for the Case

Gordon C. Rhea, Alkon & Rhea, Christiansted, St. Croix, U.S. V.I., for plaintiff.

Daniel C. Theveny, Cozen & O'Connor, Philadelphia, Pa., and Matthew J. Duensing, Dudley, Topper & Feuerzeig, St. Thomas, U.S. V.I., for Continental Ins.

Britain H. Bryant, Christiansted, St. Croix, U.S. V.I. and Thomas Graham, III, Wicker, Smith, Blomovist, Tutan, O'Hara, McCoy, Graham and Lane, Ft. Lauderdale, Fla., for Marshall & Sterling.

OPINION

BROTMAN, Acting Chief Judge, Sitting by Designation.

The court has before it plaintiff's motion and defendant's cross-motion for summary judgment on the issue of insurance coverage. The insurance policy at issue was in effect at the time Hurricane Hugo struck St. Croix on September 17, 1989. Both parties agree that there are no material facts in dispute and that the court must make a legal determination as to whether the Coakley Bay Condominium Association...

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