Lozada v. Phoenix Insurance

MEMORANDUM OPINION

BEATY, District Judge.

I. INTRODUCTION

This matter comes before the Court on Plaintiff Raul G. Lozada’s Motion for Sum mary Judgment [Document # 15] and Defendant Phoenix Insurance Company’s Motion for Partial Summary Judgment [Document # 18]. For the reasons that follow, Plaintiffs Motion for Summary Judgment shall be GRANTED in part and DENIED in part. With respect to the separate issue of Plaintiffs claim of unfair and deceptive trade practices, Defendant’s Motion for Partial Summary Judgment shall also be GRANTED.

II. FACTUAL AND PROCEDURAL BACKGROUND

On August 13, 1999,…