Grumman Systems Support Corp. v. Travelers Indemnity Co.

MEMORANDUM AND ORDER

WEXLER, District Judge.

Plaintiff, Grumman Systems Support Corporation (“GSSC”), brought the underlying action seeking indemnification from its primary and excess liability insurers for a judgment entered against GSSC for tortious acts against Data General Service Corp. (“Data General”), including copyright infringement and misappropriation of trade secrets. GSSC bases its claim on the “advertising injury” coverage provided in these policies. Royal Indemnity Company (“Royal” or “Defendant”), a “third layer” excess insurer, now brings this motion to dismiss GSSC’s complaint…