Obuchowski v. Phico Insurance (In Re Lynch)

MEMORANDUM OF DECISION GRANTING IN PART AND DENYING IN PART PLAINTIFF’S PARTIAL MOTION FOR SUMMARY JUDGMENT

FRANCIS G. CONRAD, Bankruptcy Judge.

MEMORANDUM OF DECISION ON PLAINTIFF’S PARTIAL MOTION FOR SUMMARY JUDGMENT

Trustee brought this Motion for Partial Summary Judgment 1 to determine whether Phico waived defenses to coverage in malpractice actions against the Debtor, Annette Lynch, (“Debtor”). Trustee claims that Phi-co waived all defenses to coverage by not citing specific defenses in ten of the nonwaiver agreements. Trustee claims that the remaining agreement is invalid as a unilateral…