Fabozzi v. Lexington Insurance

MEMORANDUM and ORDER

TOWNES, District Judge:

In October 2004, Paul Fabozzi and his daughter, Annette (collectively, “the Fabozzis” or “Plaintiffs”), commenced this diversity action, alleging that defendant Lexington Insurance Company (“Defendant” or “Lexington”) breached the terms of a homeowner’s insurance policy covering the Fabozzis’ home in Staten Island by failing to pay for property damage that was discovered on or before May 13, 2002. Lexington now moves for summary judgment, principally arguing that this action was filed more than two years after the “date of loss” and is, therefore,…