Marquez v. Nat'l Fire & Marine Ins. Co.

Marquez v. Nat'l Fire & Marine Ins. Co.

Opinion

ORDER ON MOTION FOR SUMMARY JUDGMENT

THIS CAUSE is before the Court upon Defendant National Fire and Marine Insurance Company's ("Defendant") Motion for Final Summary Judgment or, in the Alternative, for Partial Summary Judgment, ECF No. [32] ("Motion"). The Court has reviewed the Motion, the supporting and opposing submissions, all relevant exhibits, the record in this case, the applicable law, and is otherwise fully advised. For the reasons explained below, Defendant's Motion is granted in part and denied in part consistent with this Order.

I. BACKGROUND

On November 13, 2019, Plaintiff initiated [*2]  this action in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida against Defendant for breach of an insurance contract and declaratory relief. See ECF No. [1-1] at 1-8 ("Complaint"). On January 16, 2020, Plaintiff amended her Complaint, see id. at 131-38 ("Amended Complaint"), asserting two counts: Count I — Declaratory Judgment and Count II — Breach of Contract. See generally id. On July 7, 2020, Defendant removed the case to federal court based upon diversity jurisdiction. See ECF No. ("Notice").

Defendant now files the instant Motion, ECF No. [32], along with its corresponding Statement of Material Facts, ECF No. [31] ("SMF"). Plaintiff has filed a response in opposition to Defendant's Motion, ECF No. [47] ("Response"), with an accompanying Response to Defendant's Statement of Material Facts, ECF No. [48] ("CSMF"). Defendant filed a Reply, ECF No. [50] ("Reply"). In addition, on July 7, 2021, the Court held a hearing on the Motion, among others, and considered further argument. See ECF No. [57].

II. MATERIAL FACTS¹

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