Cumberland & Erly, LLC v. Nationwide Mutual Insurance

MEMORANDUM OPINION

RICHARD D. BENNETT, District Judge.

Plaintiff Cumberland & Erly, LLC (“C & E” or “Plaintiff’) brings this diversity action against Defendant Nationwide Mutual Insurance Company (“Nationwide” or “Defendant”), seeking a declaratory judgment in its favor pursuant to 28 U.S.C. § 2201. Essentially, C & E claims that Nationwide breached the terms of the insurance policy held by C & E (the “Policy”) by failing to compensate C & E for a claim arising under the Employee Dishonesty Coverage. This claim arose after the theft by an employee of $157,268.75 from a trust account. C & E asks…