Simon Wrecking Co., Inc. v. AIU Ins. Co.

MEMORANDUM AND ORDER

ANITA B. BRODY, District Judge.

I. INTRODUCTION

Plaintiffs Simon Wrecking, Inc., Simon Resources, Inc., and Mid-State Trading Company (collectively referred to as “Simon”) brought this suit against their insurers, Defendants Transportation Insurance Company and Continental Casualty Company (collectively referred to as “Continental”). Simon brought three counts against Continental. Count I sought a declaration that Continental owed a duty to defend and indemnify Simon. Count II sought damages for Continental’s alleged breach of contract based on its failure to defend and…