Oliver B. Cannon & Son, Inc. v. Fidelity & Casualty Co.

MEMORANDUM OPINION

LATCHUM, Chief Judge.

In this action plaintiff, Oliver B. Cannon and Son, Inc. (“Cannon”), seeks to recover from its insurance carrier, defendant Fidelity and Casualty Company of New York (“Fidelity”), (a) sums of money which Cannon allegedly became obligated to pay as damages as the result of a state court suit, (b) Cannon’s litigation expenses accumulated in that suit, and (c) exemplary damages. The facts and issues of this action are described in detail in this Court’s opinion denying cross-motions for summary judgment. Oliver B. Cannon and Son, Inc. v. Fidelity and…