Coppotelli v. Insurance Co. of North America

MEMORANDUM AND ORDER

NEAHER, District. Judge.

This action, removed from New York Supreme Court, Richmond County, by reason of diversity of citizenship, is now before the court on defendant Insurance Company of North America’s (“INA”) motion for summary judgment pursuant to Rule 56, F.R. Civ.P., dismissing the complaint and for a declaration that it is not liable to Ambrose Coppotelli, Inc. (“ACI”) on a fire insurance policy issued to ACI as the named insured. Plaintiffs (“Coppotellis”) in this action held, at certain times relevant hereto, a third mortgage interest in the property covered by…