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VISION I HOMEOWNERS ASS'N v. ASPEN SPECIALTY INS.

No. 08-81211-CIV.

643 F.Supp.2d 1356 (2009)

VISION I HOMEOWNERS ASSOCIATION, INC., a Florida non-profit corporation, Plaintiff, v. ASPEN SPECIALTY INSURANCE COMPANY, a North Dakota corporation, and James River Insurance Company, an Ohio corporation, Defendant.

United States District Court, S.D. Florida.

June 15, 2009.

Attorney(s) appearing for the Case

Daniel S. Rosenbaum, Jennilynn E. Lawrence, John Marcus Siracusa, Mark Gerard Keegan, Richard Chambers Valuntas, Katzman, Garfinkel, Rosenbaum, LLP, West Palm Beach, FL, for Plaintiff.

Max Galen Factor, William Lanier Wallis, Gina G. Smith, Butler Pappas Weihmuller Katz et al, Tallahassee, FL, Richard Michael Dunn, Anaysa Gallardo, Cozen O'Connor, Miami, FL, for Defendant.

ORDER DENYING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT

WILLIAM P. DIMITROULEAS, District Judge.

THIS CAUSE is before the Court upon Plaintiffs Motion for Partial Summary Judgment on the Invalidity of Aspen's "5% of TIV" Hurricane Deductible [DE-24], filed herein on March 2, 2009. The Court has carefully considered the Motion, Defendant's Response [DE-25], Plaintiffs Amended Reply [DE-31], Plaintiffs Notice of Supplemental Authority [DE-43]...

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