Berkley Assurance Company v. MacDonald-Miller Facility Solutions

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK BERKLEY ASSURANCE COMPANY, Plaintiff, 19-CV-7627 (JPO) -v- OPINION AND ORDER MACDONALD-MILLER FACILITY SOLUTIONS, INC. et al., Defendants. J. PAUL OETKEN, District Judge: This case involves an insurance coverage dispute that is the subject of two competing lawsuits for declaratory relief in two different federal district courts. Because this action was filed before the other action, and because no special circumstances counsel against applying the well-established presumption that only the first-filed action should proceed to the…