Tower Insurance v. Dockside Associates Pier 30 LP

MEMORANDUM OPINION

SAVAGE, District Judge.

Moving for summary judgment, Tower Insurance Company of New York (“Tower”) and Everest National Insurance Company (“Everest”) seek a declaration that they have no duty to defend or indemnify Dockside Associates Pier 30, LP (“Dockside”) and DePaul Management Company (“DePaul”) in an action pending in Pennsylvania state court.1 They contend that the claims against Dockside and DePaul in the underlying action are not covered under the commercial general liability insurance policies issued by them because the claims arise out of a contract. In the…