Unigard Mutual Insurance v. O'Dwyer (In Re Feiereisen)

MEMORANDUM OPINION

ALBERT E. RADCLIFFE, Bankruptcy Judge.

This matter comes before the court on the parties’ cross motions for summary judgment in an adversary proceeding commenced by the insurer of certain real property of the estate to determine its liability under a fire insurance policy. After reviewing the stipulations and memoranda filed and having heard the argument of counsel herein, this court finds in favor of defendant, thus, affirming plaintiff’s liability under the terms of the policy.

Plaintiff commenced this adversary proceeding to determine its obligation, if any, to the…