Attorneys' Liability Assurance Society, Inc. v. Fitzgerald

OPINION

ENSLEN, District Judge.

This matter is before the Court on Plaintiffs’ and Defendant’s cross-motions for summary judgment. The Court will deny Defendant’s Motion and will grant Plaintiffs’ Motion.

I. Standard of Review and Applicable Federal Rules

Review of a motion for summary judgment requires the Court to determine if the pleadings, depositions, answers to interrogatories and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact such that the moving party is entitled to judgment as a matter of law. Fed. R.Civ.P. 56(c). It is…