Zurich American Insurance v. Frankel Enterprises, Inc.

ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

ALAN S. GOLD, District Judge.

THIS CAUSE is before the Court upon Plaintiff Zurich American Insurance Company’s (“Zurich”) Motion for Summary Judgment [DE 77]. The parties have filed responses, replies, sur-replies, and sur-sur replies. Having reviewed the parties’ arguments and the relevant case law, I conclude that oral argument is not necessary, and that summary judgment should be entered for Zurich.

I.Factual Background

A. Undisputed Facts

In the underlying action, Nicholas C. Pedano and Mary B. Pedano (“the Peda-nos”) purchased a house…