MEMORANDUM & ORDER Plaintiff Scottsdale Insurance Company moves for a judgment on the pleadings. (Pl.’s Mot. for J. on the Pleadings (“Pl’s. Mot. for J.”) (Dkt. 25-1).) Defendants Above Call Security and Dwayne Chandler (collectively, “Defendants”) oppose that motion and respond with a motion to stay the action. (Defs.’ Opp. to J. on the Pleadings (“Defs.’ Opp. to J.”) (Dkt. 25-11); Defs.’ Mot. to Stay (Dkt. 26-1); Pl.’s Opp. to Stay (Dkt. 26-8).) As explained below, there are several material issues of fact in dispute related to Scottsdale’s motion for judgment on the pleadings. Those issues require discovery, including testimony from Chandler — an indicted criminal defendant proceeding to trial on state charges arising from the same facts and circumstances as this action. At this stage, then, a determination as a matter of law on Scottsdale’s motion would be premature. Moreover, competing interests of justice at stake favor a stay of this action, pending resolution of Chandler’s criminal case. Accordingly, Scottsdale’s motion for judgment on the pleadings is DENIED, and Defendants’ motion to stay the action is GRANTED. I. BACKGROUND Dwayne Chandler, a former member of the New York City Police Department, is the owner, sole shareholder, and manager of Above Call Security, a security and investigation firm that provides private protection services and on-site security detail. (Compl. (Dkt. 1-1)
11-14; Decl. of Dwayne Chandler (“Chandler Decl.”) (Dkt 26-2) 3.) Scottsdale Insurance Company issued a Commercial Package Policy (the “Primary Policy”) to Above Call for the period spanning November 8, 2019, to November 8, 2020. (Compl. 33.) It also issued a Commercial Excess Liability Policy (the “Excess Policy”) to Above Call for the period spanning February 27, 2020, to November 8, 2020 (collectively, the “Scottsdale Policies”). (Id. 34.) The Primary Policy was subject to an “Assault and/or Battery Limited Liability Coverage” provision, which capped coverage at $100,000 for an insurance event arising out of an assault or battery; the Excess Policy was subject to an “Assault and/or Battery Exclusion” provision, which excluded coverage for an insurance event arising out of an assault or battery. (Pl.’s Mot. for J. at 8-9, 12.) On June 23, 2020, Above Call was providing overnight security detail to a client at two separate locations, one at 574 Cozine Avenue in Brooklyn, the other at 131st Street and South Conduit Avenue in Queens. (Compl. 16.) Chandler performed an inspection at the Brooklyn location, then left to do the same at the Queens location. (Id. 17.) While en route to the Queens location, Chandler and a female companion stopped at Frenasia Asian Bistro in Howard Beach for a meal. (Id.
