Prudential Property & Casualty Insurance v. Calvo

ORDER

NESBITT, District Judge.

This cause is before the Court upon the September 19, 1988 motion of Defendant/Counter-Plaintiffs Laudelina Calvo and Luis M. Calvo (“Calvo”) for summary judgment arising from a declaratory judgment action brought by a homeowner’s insurer against its insured.

I. FACTS

In July 1985, Luis M. Calvo was involved in an altercation with Angelo Leonidis arising out of an incident in which Leonidis allegedly attacked Calvo’s girlfriend. Cal-vo in retaliation struck Leonidis, who died several days later, allegedly as a result of subsequent medical malpractice by the treating…