Essex Insurance v. Hoffman

MEMORANDUM

MOTZ, Chief Judge.

Plaintiff Essex Insurance Company seeks summary judgment in a suit alleging that the insurance policy it issued to T-Up Inc. (“T-Up”) is void ab initio because of misrepresentation. Essex contends that it therefore need not defend T-Up officers in a wrongful death suit involving T-Up’s products. Defendants, T-Up and its officers, 1 have filed a cross-motion for summary judgment. Defendants assert that they did not misrepresent T-Up’s products and that the Essex policy covered the alleged injuries giving rise to the wrongful death suit and a second suit that later…