OPINION
SIMANDLE, District Judge.
This matter is before the Court upon cross-motions for partial summary judgment by Plaintiff Zurich American Insurance Company ("Zurich") and Defendants Aztar Corporation and Adamar of New Jersey, Inc. d/b/a Tropicana Casino and Resort (collectively, "Aztar"). This declaratory judgment action arises from a dispute over the payment of insurance proceeds for losses suffered by Aztar after a serious construction accident...
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