Simon Wrecking Company, Inc. v. AIU Ins. Co.

MEMORANDUM AND ORDER

ANITA B. BRODY, District Judge.

I. INTRODUCTION

Plaintiffs Simon Wrecking Company, Inc., Simon Resources, Inc., and Mid-State Trading Company (collectively referred to as “Simon”) bring this suit against their insurers, Defendants Transportation Insurance Company and Continental Casualty Company (collectively referred to as “Continental”). Simon brings three counts against Continental. Count I seeks a declaration that Continental owes a duty to defend and indemnify Simon. Count II seeks damages for Continental’s alleged breach of contract based on its failure to defend and…