Mt. Hawley Insurance v. Fred A. Nudd Corp.

DECISION AND ORDER

SIRAGUSA, District Judge.

INTRODUCTION

This is an action for a declaratory judgment regarding two commercial liability insurance policies issued by plaintiff to defendant. Plaintiff seeks a declaration that it has no obligation to defend or indemnify defendant under the subject policies. Now before the Court is defendant’s cross-motion [# 18] for summary judgment. For the reasons that follow, the application is denied.

BACKGROUND

The following facts are undisputed unless otherwise noted. At all relevant times plaintiff Mt. Hawley Insurance Company (“plaintiff’) was an insurance…