Phase II Transportation, Inc. v. Carolina Casualty Insurance Co.
Opinion
Lead Opinion
Wilson, J.
IN CHAMBERS ORDER GRANTING SUMMARY JUDGMENT FOR CAROLINA CASUALTY INSURANCE COMPANY AND DENYING SUMMARY JUDGMENT FOR PHASE II [25] [26]
Having read and considered the papers presented by the parties, the Court finds this matter suitable for determination without oral argument. See Fed. R. Civ. P. 78; Local Rule 7-15. Accordingly, the hearing scheduled for January 23, 2017 at 1:30 p.m. is VACATED and OFF CALENDAR.
I. INTRODUCTION
Plaintiff Phase II Transportation, Inc., (“Phase II” or “Plaintiff’) brings this claim against Defendant Carolina Casualty Insurance Company (“CCIC” or “Defendant”). Dkt. 1. Phase II claims that CCIC, its insurance company, failed to defend an underlying lawsuit, and thus Phase II seeks reimbursement for its defense costs. CCIC asserts a counterclaim against Phase II claiming that CCIC paid for a settlement with a reservation of rights, and that the settlement was not covered by the insurance policy. Dkt. 22. Thus, CCIC seeks a reimbursement of these settlement expenses.
II.FACTUAL BACKGROUND
CCIC provides insurance coverage for Phase II subject to some exclusions. Specifically, there is a Wage and Hour Exclusion, which states: