B & A Demolition & Removal, Inc. v. Markel Insurance

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

The Plaintiff in this case, B & A Demolition and Removal, Inc. (“B & A”) seeks a declaratory judgment against the Defendant Markel Insurance Company, LLC (“Markel”), affirming that Markel has an obligation to indemnify B & A in a lawsuit presently pending in New York State Supreme Court. Presently before the Court is the Defendant’s motion for summary judgment. For the reasons set forth below, the motion is granted.

I. BACKGROUND

This derivative action relates to a case commenced on April 13, 2009 in New York Supreme Court, Nassau County, by…