Dish Network Corporation et al v. Ace American Insurance Company, No. 1:2016cv04011 - Document 174 (S.D.N.Y. 2019)

Court Description: OPINION AND ORDER: For the reasons stated above, ACE's motion is GRANTED with respect to its counter-claim for a declaratory judgment that ACE is not obligated to defend DISH in the underlying Network Lawsuits and DISH's claims are DISMIS SED. The Court respectfully directs the Clerk of the Court to terminate the motions at ECF Nos. 151 and 154 and to close the case. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 12/23/2019) (jca) Transmission to Docket Assistant Clerk for processing.

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Dish Network Corporation et al v. Ace American Insurance Company Doc. 174 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK DISH NE TWORK CORPOR ATION AND DISH NETWORK LLC, 12/23/19 Plaintifs, 16-CV-4011 (ALC) -v.ACE AMERICAN INSURANCE CO., OPINION & ORDER Deendant ANDREW L. CARTER, JR., United States District Judge: This case concens the duty of an insurance company to defend its insured in a lawsuit. Plaintifs, DISH Network Corporation and DISH Network L.L.C. (collectively, "DISH") allege that Defendant ACE American Insurance Company ("ACE") had a duty to deend DISH in a series of lawsuits involving four major television networks. ACE, on the other hand, seeks to dismiss Plaintifs' complaint and seeks declaratory relief concening its obligation to deend DISH. The parties submitted cross-motions or summary judgment. DISH moves or partial summary judgment with respect to Count One of its amended complaint. ACE moves or summary judgment with respect to Plaintiffs' complaint and seeks declaratory relief. For the ollowing reasons, DISH's motion is DENIED, and ACE's motion is GRANTED. INTRODUCTION DISH seeks recovery rom ACE or expenses incurred in deending actions brought by the our major television networks which alleged breach of contract and various orms of copyright inringement. The parties dispute whether ACE's insurance policy with DISH covers the underlying lawsuits. Speciically, the operative question is whether DISH is in the business of Dockets.Justia.com

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