Essex Insurance v. Napple's Bullpen, LLC

MEMORANDUM OPINION AND ORDER DENYING IN PART AND GRANTING IN PART PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT AND GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

FREDERICK P. STAMP,' JR., District Judge.

I. Procedural History

The plaintiff, Essex Insurance Company (“Essex”), has filed a declaratory judgment action in this Court to determine whether it has a duty to provide coverage to the defendants in an underlying state court action filed by Douglas Ayers in the Circuit Court of Ohio County, West Virginia (“Ayers state court action”). In Essex’s complaint, Essex claims that it is not required to…