The following e-filed documents, listed by NYSCEF document number (Motion 001) 37, 38, 39, 40, 41, 42, 43, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 116, 117 were read on this motion to/for JUDGMENT — SUMMARY. The following e-filed documents, listed by NYSCEF document number (Motion 002) 44, 45, 46, 47, 48, 49, 50, 51, 54, 60, 61, 62, 63, 64, 65, 66, 67 were read on this motion to/for ORDER OF PROTECTION. DECISION + ORDER ON MOTION Plaintiff Lexington Insurance Company (Lexington) brings this action against Defendants Certain Underwriters at Lloyd’s London, Syndicate 623/2623 (Beazley), Hiscox Syndicates Limited on behalf of Hiscox Syndicate 33 (Hiscox), ACE Global Markets (ACE), Pembroke, AXIS Surplus Insurance Company (AXIS), Interstate Fire & Casualty Company (Interstate), Columbia Casualty Company (Columbia), and Nautilus Insurance Company (Nautilus, and collectively with Beazley, Hiscox, ACE, AXIS, Interstate, and Columbia, Defendants)1 in connection with the parties’ coverage dispute arising under certain professional liability insurance policies issued to the parties’ mutual insureds (NYSCEF # 1 — Compl.). Presently before the court is Lexington’s motion pursuant to CPLR 3213 for summary judgment granting its claim (NYSCEF # 37). Lexington also moves to stay discovery under CPLR 3103 pending resolution of its motion for summary judgment (NYSCEF # 44). Defendants oppose both motions. For the following reasons, Lexington’s motions are denied. Background Factual Background The following facts are taken from the parties’ Rule 19-a statements, affidavits, and exhibits. They are not in dispute unless otherwise noted. In May 2004, Milberg Weiss LLP (Milberg Weiss) split into two separate firms — Milberg, LLP (Milberg) and Coughlin Stoia Geller Rudman & Robbins LLP (Coughlin Stoia) (NYSCEF # 38 — Pl. Statement 1). Prior to its split, Milberg Weiss maintained a tower of professional liability insurance consisting of primary and excess insurance (id. 2). After the split, Milberg and Coughlin Stoia purchased separate insurance towers that included coverage for claims made against them after their separation, as well as claims arising from professional services rendered prior to Milberg Weiss’ split (Pre-Split Claims) (id. 3; NYSCEF # 69 — Defs. Counterstatement
18-19; NYSCEF # 81 — Marsh Aff. 7; NYSCEF # 95 — Randle Aff. 7; NYSCEF # 105 — Rowell Aff. 6). The Milberg Primary and Excess Policies On April 27, 2009, Milberg purchased a professional liability insurance policy (the Milberg Primary Policy) providing coverage up to a $25 million limit of liability for each claim (as defined in the policy) against Milberg between May 2, 2009, and May 2, 2010, subject to a $2 million deductible (Pl. Statement
