Kmart Corp. v. Fireman's Fund Insurance

MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

GADOLA, District Judge.

Before the Court is Plaintiff Kmart Corporation’s Motion for Summary Judgment filed August 17, 1999. Plaintiff moves for summary judgment on all claims for relief in its Complaint: Count I (breach of insurance contract), Count II (declaratory relief), and Count III (violation of Michigan’s Insurance Code, M.C.L. § 500.2006). For the reasons set forth below, this Court grants Plaintiffs motion.

Factual Background

The following facts appear to be undisputed. Plaintiff Kmart Corporation is engaged…