Legal Opinion
Lapolla Industries, Inc. v. Aspen Specialty Insurance
District Court, E.D. New York
Decided August 19, 2013No. CV 12-5910PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
WEXLER, District Judge.
This is a declaratory judgment action brought by Plaintiff, Lapolla Industries, Inc. (“Plaintiff’ or “Lapolla”), seeking a judgment declaring that the Defendant insurers are obligated to defend and indemnify Plaintiff in connection with a personal injury action now pending in this court (the “Underlying Action”). Presently before the court is the motion of Defendants, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, to dismiss the complaint on the ground that insurance policies they issued do not cover the claims made in the…
2Cases cited27 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Chambers v. Time Warner, Inc.Court of Appeals for the Second Circuit · 2002
- McCarthy v. Dun & Bradstreet Corp.Court of Appeals for the Second Circuit · 2007
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3Cited by3 opinions
- Evanston Insurance v. Lapolla Industries, Inc.District Court, S.D. Texas · 2015
- Lapolla Industries, Inc. v. Aspen Specialty InsuranceCourt of Appeals for the Second Circuit · 2014
- Allstate Insurance Company v. Vitality Physicians Group Practice, P.C.District Court, S.D. New York · 2021