American Home Assurance Co. v. Scalise, No. Cv 98-0491778s (Dec. 18, 2000)

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]

MEMORANDUM OF DECISION ON CROSS MOTIONS FOR SUMMARY JUDGMENT

Presently before this court is the motion for summary judgment filed by the defendant James J. Scalise on July 28, 2000. Also before the court is the cross-motion for summary judgment filed by the plaintiff, American Home Assurance Company.1 This case arises from the defendants' refusal to pay a $5000 deductible to their malpractice insurance provider, the plaintiff, despite the plaintiff's demand for payment. The disputed issue is whether the individual…