Stern, Walter & Simmons, Inc. v. Seaboard Surety Co.

MEMORANDUM OPINION AND ORDER

NAPOLI, District Judge.

This action was brought by Stern, Walter & Simmons, an advertising agency, against its insurer, Seaboard Surety Company, to recover amounts it was forced to expend in defending and settling two law suits. The plaintiff asserts that the claims against it were within the policy coverage and that the defendant wrongfully failed to defend. Seaboard denies liability and the parties have filed cross motions for summary judgment. The facts are not in dispute.

The action arises out of an insurance policy issued to the plaintiff by Seaboard covering,…