MEMORANDUM OPINION RICHARD D. BENNETT, District Judge. Plaintiff William Ray Miller, II ("Miller"), filed this action against Defendant St. Paul Mercury Insurance Company ("St. Paul") seeking a declaration that St. Paul has a duty to defend and indemnify him with respect to an underlying lawsuit that was filed against him by Upper Hudson National Insurance Company ("Upper Hudson"). Pending before this Court is St. Paul's Motion to Dismiss Plaintiff's Complaint (Paper No. 21). The issues have...