Mid-Continent Casualty Co. v. Titan Construction Corp.

MEMORANDUM *

Titan Construction Corporation (Titan) appeals the grant of a motion for summary judgment in favor of Mid-Continent Casu *768 alty Company (Mid-Continent) in a declaratory action for the determination of Mid-Continent’s duty to indemnify Titan under a Commercial General Liability (CGL) policy. Because the facts are familiar to the parties, we do not recite them here except as necessary to explain our decision. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse and remand.

We first address Mid-Continent’s motion to dismiss Titan under Federal Rule of Civil Procedure 25 or substitute National Union Fire Insurance Company (National Union) as the real party in interest under Federal Rule of Appellate Procedure 43. At oral argument, counsel for Titan explained that in the underlying suit that gave rise to this declaratory action, Williamsburg Condominium Association (Williamsburg) sued Kennydale, which in turn brought a third party complaint against Titan. When Kennydale settled the suit with Williamsburg, National Union, as insurer for Kennydale, paid both Kennydale and Titan’s liability. Titan and Kennydale subsequently settled their dispute, and Titan…