QBE Ins. Corp. v. Brown & Mitchell, Inc.

MEMORANDUM OPINION AND ORDER

TOM S. LEE, District Judge.

This cause is before the court on the cross-motions of plaintiff QBE Insurance Corp. and defendant Brown & Mitchell, Inc. for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. The motions have been fully briefed and the court, having considered the memoranda of authorities, together with attachments, submitted by the parties, concludes that plaintiffs motion for summary judgment should be granted, from which it follows that Brown & Mitchell’s summary judgment motion should be denied.

This case presents the issue…