HOME DEPOT, U.S.A., INC. v. FEDERAL INS. CO.

No. 4:02-CV-95.

241 F.Supp.2d 702 (2003)

HOME DEPOT, U.S.A., INC., Plaintiff, v. FEDERAL INSURANCE COMPANY, Defendant.

United States District Court, E.D. Texas, Sherman Division.

January 23, 2003.


Attorney(s) appearing for the Case

Burdin Mediations, Burdin Mediations, Dallas, TX, for mediator.

Arthur Kittredge Smith, Smith DeFeo, Allen, TX, for plaintiff.

Ronald G MacFarlane, Jr., Sifford & Anderson, LLP, Dallas, TX, John Kelley Vaughan, Michael Nathaniel Barbera, Attorney at Law, Grand Prairie, TX, for defendant.


MEMORANDUM OPINION AND ORDER

DAVIS, District Judge.

This case is before the court on crossmotions for summary judgment. The primary issue is whether Defendant Federal Insurance Company ("Federal") has breached its duty to defend Plaintiff Home Depot, U.S.A., Inc. ("Home Depot") in a lawsuit that has settled in the 366th Judicial Court of Collin County, Texas. For the reasons stated herein, Plaintiffs Motion for Summary Judgment is GRANTED

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