MEMORANDUM ORDER
FISH, Chief Judge.
Before the court are: (1) the motion of the plaintiff RLI Insurance Company ("RLI") for partial summary judgment, and (2) the cross motion of the defendants Maxxon Southwest, Inc. ("MSI"), Gypsum Floors of Texas, Inc. ("Gypsum Floors"), Raymond Brekke ("Brekke"), and General Supply Deck and Floor Underlayment Company ("General Supply")
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