Memorandum Opinion and Order
(Cross-Motions for Summary Judgment)

Pending before the court is the plaintiff BrickStreet Mutual Insurance Company’s (“BrickStreet”) Motion for Summary Judgment [ECF No. 24] and the defendant Zurich American Insurance Company’s (“Zurich”) Motion for Summary Judgment [ECF No. 26]. For the reasons herein, BrickStreet’s Motion for Summary Judgment is GRANTED and Zurich’s Motion for Summary Judgment is DENIED.