Wausau Insurance v. Herbert Halperin Distribution Corp.

MEMORANDUM

MOTZ, District Judge.

Plaintiff, Wausau Insurance Company, seeks a declaratory judgment as to certain questions arising under an insurance policy which it issued to defendants (“the Insureds”). The Insureds have asked the Court to stay or dismiss the action and to refer the dispute between the parties to an appraiser.

On or about June 13, 1986, the Insureds discovered that a portion of the roof of an insured building had collapsed. After conducting an inspection an independent consulting firm concluded that the framing members and plywood at the collapsed areas were rotten and decayed…