Gemmy Industries Corp. v. Alliance General Insurance

MEMORANDUM OPINION AND ORDER

KAPLAN, United States Magistrate Judge.

This case is before the Court on cross-motions for summary judgment. All parties seek a judicial determination as to whether defendants have a duty to defend and indemnify plaintiff under the terms of their respective insurance policies. The Court holds that plaintiff is not entitled to coverage because it breached the notice provisions of both policies.

I

Plaintiff Gemmy Industries Corporation was insured at different times under two comprehensive general liability policies issued by Alliance General Insurance Company and…