Liberty Insurance Underwriters, Inc. v. Davies Lemmis Raphaely Law Corp.
Opinion
Lead Opinion
Gee, J.
ORDER RE: PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
[43]
I.
PROCEDURAL BACKGROUND
On February 6, 2015, Plaintiff Liberty Insurance Underwriters, Inc. (“Liberty”) filed a complaint against Defendants Davies Lemmis Raphaely Law Corporation (“DLR”), M. Randel Davies, Rosemary Lemmis, and Shahab Raphaely requesting a declaratory judgment that seven pending civil lawsuits (“the Underlying Actions”) alleging that Defendants participated in a fraudulent investment scheme should be considered a single claim for purposes of the per-claim limit contained in Liberty’s insurance policy. [Doc. #1.]
On December 29, 2015, Liberty filed a motion for summary judgment (“MSJ”) on the grounds that all of the Underlying Actions allege, are based upon, arise out of or are attributable to the same or related-wrongful acts, and that Defendants have therefore exhausted the per-claim limit of liability under the 2010-2011 insurance policy issued by Liberty. [Doe. # 43.] On January 22, 2016, Defendants filed an opposition (“Opp.”). [Doc. # 44.] On February 5, 2016, Liberty filed a reply (“Reply”). [Doc. # 57.]
A hearing on the matter took place on February 19, 2016.