DeSabato v. Assurance Co. of America

OPINION

David Stewart Cercone, United States District Judge

I. Introduction

Paul DeSabato, Anthony Desimone, Benjamin Pusateri, Sr., and Bella Capelli *738Academy, LLC (“BCA”) (collectively “plaintiffs”) commenced this diversity action against Assurance Company of America, Northern Insurance Company of New York, and Maryland Casualty Company (“defendants”) on April 10, 2015. Plaintiffs seek monetary damages and declaratory relief, alleging defendants breached their duty to defend plaintiffs in an action filed against them in state court. Defendants counter that their duty to defend never arose.…