Western Heritage Insurance v. Century Surety Co.

OPINION AND ORDER

SHIRA A. SCHEINDLIN, District Judge.

I. INTRODUCTION

Western Heritage Insurance Company (“Western”) brings this diversity action against Century Surety Company (“Century”) in connection with a settlement paid by Western in an underlying personal injury suit (“Underlying Action”). Both Century’s insured and Western’s insured were named as defendants in the Underlying Action. Western seeks a declaration (1) that Century breached its obligations under the Century Commercial Lines Policy (“Century Policy”), (2) that Century must contribute toward the settlement of the Underlying…