Cleveland Construction, Inc. v. Fireman's Fund Insurance

ORDER

GRAHAM C. MULLEN, District Judge.

This matter is before the Court on Defendant’s Motion for Summary Judgment [D.I. 44], Plaintiffs Response [D.I. 47] and Defendant’s Reply [D.I. 49], Oral arguments were held on the Motion on March 21, 2011. For the reasons laid out below, the Defendant’s Motion is GRANTED IN PART and DENIED IN PART.

I. Background

Cleveland Construction Company (“Plaintiff’) filed suit against Fireman’s Fund Insurance Company (“Defendant”) on April 15, 2009 in the Superior Court of Mecklenburg County, alleging breach of an insurance contract and negligence. The Defendant…