Western World Insurance v. Czech

MEMORANDUM & ORDER

GORTON, District Judge.

In this declaratory judgment action, plaintiff seeks a declaration that it has no obligation under an insurance policy to defend or indemnify the defendants in an underlying state court action. One defendant has counterclaimed for the opposite result and pending before the Court is plaintiffs motion to dismiss that counterclaim.

I. Factual Background

Plaintiff Western World Insurance Company, Inc. (“Western World”), a New Hampshire corporation with its principal place of business in New Jersey, brings suit for a declaratory judgment against defendants…