Sharp

MEMORANDUM OF DECISION RE: MOTION FOR SUMMARY JUDGMENT

The Chapter 11 Trustee previously filed another adversary action captioned, Sharp v. Herbert Rothman, et al., adversary case no. 1:12-ap-01118 MT (“Adversary Action”) against C.M. Meiers’ former officers and directors, Herbert Rothman, Eric Rothman and' Rebecca Rothman, (the “Rothmans”). The Trustee’s Complaint and First Amended Complaint (“FAC”) asserted claims against the Rothmans for, *394 among other things, acts, errors and omissions committed in regard to their Professional Services in connection with their control and management of the C.M. Mei-ers’ (“CMM”) Insurance Trust Account. The Trustee now alleges that Defendant Essex Insurance Company (“Essex”) wrongfully denied the coverage provided by Essex’s Insurance Agents and Brokers Errors and Omissions Liability Insurance Policy, Policy No. AB-351400 (the “Policy”) and failed to offer a defense, without assertion of a proper reservation of rights, for the claims brought by the Trustee in the Rothmans Adversary Action.

The majority of the facts are undisputed. The questions are mainly whether genuine issues of material fact exist as to whether Defendant Essex Insurance…