Zurich American Insurance Company v. Harleysville Insurance Co. et al, No. 1:2015cv03270 - Document 44 (S.D.N.Y. 2016)

Court Description: OPINION & ORDER re: 33 CROSS MOTION for Summary Judgment filed by Harleysville Insurance Co., 18 MOTION for Summary Judgment filed by Zurich American Insurance Company, 32 CROSS MOTION for Summary Judgment < /i> filed by Harleysville Insurance Co. For the foregoing reasons, Zurich's summary judgment motion is granted in part and Harleysville's summary judgment motion is granted. Specifically, this Court finds that (1) both Harle ysville and Scottsdale have a duty to defend and indemnify FJ Sciame, and (2) the Scottsdale Policy provides the primary coverage to FI Sciame, with the Harleysville and Zurich Policies providing the first and second layers of excess coverage, respectively. The Clerk of Court is directed to terminate all pending motions and close this case. (As further set forth in this Opinion & Order.) (Signed by Judge William H. Pauley, III on 7/7/2016) (mro)