MEMORANDUM OPINION
JOHN E. OTT, Magistrate Judge.
This is a declaratory judgment action in which plaintiff Auto-Owners Insurance Company seeks a determination of the rights of the parties and a declaration that it owes no duty to indemnify defendant Toxey Construction Company, Inc., in an underlying state action. (Doc. 1). The action is currently before the court on a motion for summary judgment by Auto-Owners. (Doc. 29).
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