Quaco v. Liberty Insurance Underwriters Inc., No. 1:2017cv07980 - Document 36 (S.D.N.Y. 2018)

Court Description: OPINION AND ORDER re: 26 MOTION to Dismiss Plaintiff's Amended Complaint. filed by Liberty Insurance Underwriters Inc., 27 CROSS MOTION for Summary Judgment . filed by Robert Quaco. In sum, Liberty has not met its b urden of showing that all of the allegations in the underlying complaint "can be interpreted only to exclude coverage." Town of Massena, 98 N.Y. 2d at 443 (citations omitted). Consequently, under the well-established "entire action& quot; doctrine, Liberty must defend the entire litigation even though only one claim is potentially covered. See CGS Indus. Inc., 720 F.3d at 83. Thus, for the reasons set forth above, Defendant's motion to dismiss is DENIED, and Plaintiff 9;s motion for summary judgment is GRANTED. IT IS HEREBY ORDERED THAT, by September 28, 2018, the parties shall submit a joint letter explaining whether there is any dispute regarding the amount of costs and fees expended by Quaco in connection with the Underlying Litigation, and if so, proposing next steps to resolve that damages issue. The Clerk of Court is respectfully directed to terminate the motions pending at docket numbers 26 and 27. SO ORDERED. (Signed by Judge Richard J. Sullivan on 9/23/2018) (rj)