Western American Insurance v. Moonlight Design, Inc.

MEMORANDUM AND ORDER

MORAN, Senior District Judge.

Plaintiff West American Insurance Company (West American) seeks to resolve whether it had a duty to defend defendant Moonlight Design, Inc. (Moonlight), its insured, in a copyright infringement lawsuit filed in New York. Both plaintiff and defendant have moved for a judgment on the pleadings. We hold that a duty to defend existed under the insurance policy and therefore deny plaintiffs motion and grant defendant’s cross-motion.

BACKGROUND

Since 1986, Moonlight has been in the business of distributing bridal dresses. It has the dresses…