COLONY INSURANCE COMPANY v. KWASNIK, KANOWITZ & ASSOCIATES, P.C. et al

Filing 87

ORDERED that Plaintiff's combined Motion 80 for Summary Judgment and Default Judgment is GRANTED IN PART and DENIED WITHOUT PREJUDICE IN PART; and it is further ORDERED that Colony's request for damages pursuant to the IFPA i s DENIED WITHOUT PREJUDICE, and that Colony is GRANTED leave to submit a motion for costs, expenses, and attorneys fees; and it is further ORDERED that Count III of Colony's Complaint 1 is DISMISSED AS MOOT; and it is further ORDERED that crossclaimants Kwasnik, Howard Kanowitz, and Robert Keltos shall show cause within ten (10) days of entry of this Order. Signed by Judge Noel L. Hillman on 6/27/2014. (tf, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

COLONY INSURANCE COMPANY,
Plaintiff,

CIVIL NO. 1:12-cv-00722
(NLH/AMD)

v.
KWASNIK, KANOWITZ &
ASSOCIATES, P.C. et. al,
Defendants.

ORDER

HILLMAN, District Judge
For the reasons set forth in the accompanying Opinion, it
is on this

27th

day of

June

, 2014, hereby

ORDERED that Plaintiff’s combined Motion [Doc. No. 80] for
Summary Judgment and Default Judgment is GRANTED IN PART and
DENIED WITHOUT PREJUDICE IN PART; and it is further
ORDERED that judgment shall be entered in favor of
Plaintiff Colony Insurance Company (“Colony”) on its claim to
rescind the lawyer’s professional liability insurance policy as
to Defendants Michael Kwasnik (“Kwasnik”) and Kwasnik, Kanowitz,
& Associates, P.C. (“KKA”); and it is further
ORDERED that judgment shall be entered in favor of Colony
on its claim alleging violations of the New Jersey Insurance
Fraud Prevention Act (“IFPA”) by Kwasnik and KKA; and it is
further

ORDERED that Colony’s request for damages pursuant to the
IFPA is DENIED WITHOUT PREJUDICE, and that Colony is GRANTED
leave to submit a motion for costs, expenses, and attorneys’
fees pursuant to Federal Rule of Civil Procedure 54 and in
accordance with the specifications in the accompanying Opinion;
and it is further
ORDERED that Count III of Colony’s Complaint [Doc. No. 1]
is DISMISSED AS MOOT; and it is further
ORDERED that crossclaimants Kwasnik, Howard Kanowitz, and
Robert Keltos shall show cause within ten (10) days of entry of
this Order why the Court should not dismiss their respective
Crossclaims [Doc. No. 6, 9, 11], in accordance with Local Civil
Rule 41.1(a), for failure to prosecute.

s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J.
At Camden, New Jersey

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