MGM Resorts Mississippi, Inc. v. Thyssenkrupp Elevator Corp.

MEMORANDUM OPINION AND ORDER

DEBRA M. BROWN, District Judge.

This declaratory judgment action arises from a dispute between MGM Resorts Mississippi, Inc. d/b/a Gold Strike Casino & Resort (“Gold Strike”), and Thyssen-Krupp Elevator Corporation (“Thyssen-Krupp”) regarding whether the elevator maintenance contract they entered requires ThyssenKrupp to defend Gold Strike in an underlying state court case. ThyssenKrupp argues that it does not have a duty to defend or indemnify unless and until there is a determination that Gold Strike did not contribute to the conduct alleged in the underlying…