Carlson v. Century Surety Co.

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT

SUSAN ILLSTON, District Judge.

On May 27, 2011, the Court heard argument on plaintiffs’ Motion for Partial Summary Judgment. Having considered the arguments of counsel and the papers submitted, the Court hereby GRANTS IN PART and DENIES IN PART plaintiffs’ motion.

BACKGROUND

This is an action for failure to defend and failure to indemnify on a real estate errors and omissions (“E & O”) liability policy. Plaintiffs Ron Carlson and Marion *1088Benjamin Carlson have brought an action for declaratory relief, breach…