U.S.A. Electronics, Inc. v. Aetna Casualty & Surety Co. (In Re U.S.A. Electronics, Inc.)

DECISION ON MOTION FOR PARTIAL SUMMARY JUDGMENT AND CROSS-MOTION FOR SUMMARY JUDGMENT

JEROME FELLER, Bankruptcy Judge.

Before the Court are two heatedly contested insurance claims of a Chapter 7 trustee arising out of separate alleged burglaries of the premises upon which the Debtor formerly conducted its retail consumer electronic business. ' The trustee commenced a lawsuit and has moved for partial summary judgment pursuant to Fed.R.Civ.P. 56, made applicable herein by Bankruptcy Rule 7056, seeking dismissal of all the affirmative defenses contained in the answer of the insurance carrier to…