AJAX ENTERPRISES v. FAY

NOEL HILLMAN, District Judge

For the reasons expressed in this Court's Opinion entered on this date,

IT IS HEREBY ORDERED this 31st day of August, 2007, that:

(1) Defendants' motion for summary judgment [53] is granted in part and denied in part;

a. request to dismiss plaintiffs' claims under the doctrine of unclean hands is DENIED;

b. request to dismiss plaintiffs' claim for damages regarding reimbursement for payments plaintiffs made to claimants that fell below the $100,000.00 deductible is GRANTED;

c. request to dismiss plaintiffs' claim for damages regarding the premiums it paid to Safety Alliance is DENIED.

d. request to dismiss plaintiffs' claim for attorneys' fees is DENIED.

(2) Plaintiffs' cross motion for summary judgment is granted in part and denied in part:

a. request to declare Safety Alliance did not exist as an insurance company during the relevant time period is GRANTED;

b. request to grant summary judgment in plaintiffs' favor and find that defendants acted as brokers and breached their duty to plaintiffs is DENIED.