ORDER DENYING MOTION FOR PARTIAL SUMMARY JUDGMENT [46]
DAVID O. CARTER, District Judge.
Before the Court is the Motion for Partial Summary Judgment (the "Motion") (Dkt. 46) filed by Defendant, Lexington Insurance Company ("Lexington"). Oral arguments were heard on November 20, 2014. After considering the relevant briefings and oral argument, the Court hereby DENIES the Motion.
I. BACKGROUND
A. The Construction Project
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