Shaw Mortgage Corp. v. Peerless Insurance

ORDER DENYING DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT AND DENYING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT

BARRY TED MOSKOWITZ, District Judge.

Plaintiff Shaw Mortgage Corporation dba Patiosource & The Natural Touch (“Plaintiff’ or “Shaw Mortgage”) and Defendant Peerless Insurance Company (“Defendant” or “Peerless”) have filed cross-motions for partial summary judgment. For the reasons discussed below, Defendant’s motion is DENIED and Plaintiffs motion is DENIED.

I. FACTUAL BACKGROUND

Since 1995, Steve and Jan Shaw (the “Shaws”) have operated the Natural Touch and Patio Source as…