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Axis Surplus Ins. Co. v. Universal Visions Holdings Corp.

Claims in Canadian Action Would Not Exist 'But-For' Tour Bus Passengers' Injuries

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MEMORANDUM & ORDER Plaintiff Axis Surplus Insurance Co. seeks a judicial declaration that the Miscellaneous Professional Liability Insurance Policy it issued to the defendant travel agencies does not afford coverage for a series of civil actions in Canada. Axis also seeks to recoup certain moneys already paid in defense of these actions. Following the defendants’ Answer, Axis now moves for judgement on the pleadings. For the reasons set forth below, that motion is granted. I. Background Axis Surplus Insurance Co. (“Axis”), an insurance company incorporated in Illinois and doing business primarily in Georgia, Am. Compl. 6, ECF 24, sold an errors and omissions policy (the “Policy”) to the defendants, Juniper Legend Corporation (“Juniper Legend”) and its parent company, Universal Vision Holdings Corporation (“Universal Vision”), id. 1. Both defendants are travel agency companies incorporated in Delaware and based in New York. Id.

6-8. Defendants sought coverage under this policy for five civil actions filed in Canada (the “Canadian Actions”), id.

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