A & W Maintenance, Inc. v. First Mercury Insurance

FINDINGS OF FACT, RULINGS OF LAW, AND DECLARATORY JUDGMENT

YOUNG, District Judge.

I. INTRODUCTION

This action arises out of an accident (the “Underlying Accident”) that occurred on February 23, 2011, when an employee of A & W Maintenance, Inc. (“A & W”) sustained injuries after falling into an open clarifier tank while performing services at a water treatment facility pursuant to a contract with Hart Engineering Corp. (“Hart”). The plaintiff, A & W, had two relevant insurance policies at that time.1 *117The first is a commercial general liability insurance policy (the “CGL Policy”) with the…