Assurance Co. of America v. Dusel Builders, Inc.

MEMORANDUM OPINION

SIMPSON, Chief Judge.

This matter is before the Court on motion of the plaintiff, Assurance Company of America (“Assurance”), for summary judgment. Also before the Court is a motion by the defendant, Dusel Builders, Inc. (“Du-sel”), to dismiss. For the reasons set forth below, the plaintiffs motion for summary judgment will be granted, and the defendant’s motion to dismiss will be denied.

FACTS

This declaratory judgment action arises from breach of contract claims made by A1 Smith (“Smith”) against Dusel in a lawsuit filed in the Shelby County, Kentucky Circuit Court in 1994.…