Commercial Union Assurance Co. v. Merrill

MEMORANDUM

This matter is before the Court on motion of plaintiff, Commercial Union Assurance Company, Ltd. ['Commercial Union'], for summary judgment. Defendants, Irwin Merrill, Victoria Prehn, and PCP Partnership d/b/a PC Paradise ["defendants"] oppose the motion and have filed a counter motion for summary judgment. For the reasons set forth at the hearing in which the parties presented their arguments to the Court and as elaborated upon below, the Court will deny Commercial Union's motion for summary judgment and deny defendants'motion for summary judgment.

I. FACTUAL AND PROCEDURAL…