Ace Property & Casualty Insurance v. Superior Boiler Works, Inc.

MEMORANDUM AND ORDER

MARTEN, District Judge.

The present matter arises from plaintiffs’ and defendant’s motions for summary judgment. For the following reasons, the court denies plaintiffs’ motion for summary judgment and grants in part and denies in part defendant’s motion for summary judgment.

Plaintiffs seek a declaratory judgment pursuant to 28 U.S.C. §§ 2201-2202, in which the plaintiffs request the determination of whether (1) they are obligated to pay only their pro rata share of Superior Boiler’s defense and indemnity costs for the underlying asbestos claims based on a pro rata,…