Food Market Merchandising, Inc. v. Scottsdale Indemnity Co.

MEMORANDUM OPINION AND ORDER

RICHARD H. KYLE, United States District Judge

In this action, Plaintiff Food Market Merchandising, Inc. (“FMM”) alleges that its insurer, Defendant Scottsdale Indemnity Company (“Scottsdale”), breached its insurance policy by (1) failing to defend it from a lawsuit brought by a former employee and (2) failing to indemnify it in the settlement of that lawsuit. Presently before the Court are the parties’ Cross-Motions for Summary Judgment. For the reasons that follow, the Court will grant Scottsdale’s Motion and deny FMM’s Motion.

BACKGROUND

FMM is a food marketing and…