Maximus, Inc. v. Twin City Fire Insurance

MEMORANDUM OPINION

LEONIE M. BRINKEMA, District Judge.

Plaintiff Maximus, Inc. has sued defendant Axis Reinsurance Company (“Axis”), seeking payment of insurance claims under defendant’s excess coverage policy (the “Axis Policy”).1 Before the Court is plaintiffs motion to dismiss Count I of Axis’ counterclaim, in which Axis seeks a declaration that coverage under its excess insurance policy has not been triggered because plaintiff has not exhausted its coverage with lower-tier insurance carriers. For the reasons discussed below, plaintiffs Motion to Dismiss will be granted.

I. BACKGROUND

A. The…