Fabozzi v. Lexington Insurance

MEMORANDUM & ORDER

MARGO K- BRODIE, District Judge:

Plaintiffs Paul and Annette Fabozzi commenced the above-captioned action against defendant Lexington Insurance Company (“Defendant”), John Does 1-10 and ABC Corps. 1-10,1 on October 29, 2004, alleging that Defendant breached the terms of a homeowner’s insurance policy covering the Fabozzi home in Staten Island by failing to pay for property damage. Plaintiffs alleged breach of contract and breach of the implied covenant of good faith and fair dealing claims. Defendant moved for summary judgment and on January 8, 2009, 598 F.Supp.2d 279…