Essex Insurance v. American Building & Restoration, Inc.

Plaintiff Essex Insurance Company (“Essex”) filed this declaratory judgment action seeking a declaration that it does not have a duty to defend or indemnify its insureds, American Building and Restoration, Inc. and American Building and Restoration Products, Inc. (collectively, “ABRP”) in a lawsuit filed by defendants John and Barbara Zabilansky.2 In a decision dated April 15, 2004, this Court declared that Essex was obligated to defend and indemnify ABRP for the claims which were the subject of Middle-*166sex Superior Court Civil Action No. 2001-01985. ABRP now moves to recover from Essex…