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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND GRAY AND ASSOCIATES, LLC v. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA : : : : Civil Action No. CCB-07-2216 : : : ...o0o... MEMORANDUM Now pending before the court is a motion to dismiss the complaint or, in the alternative, for summary judgment filed by defendant Travelers Casualty and Surety Company of America ("Travelers") against plaintiff Gray and Associates, LLC ("Gray"). Gray, serving as limited receiver for Homemaxx Title & Escrow, LLC ("Homemaxx"), filed this action seeking to recover under the terms of a commercial crime policy with employee dishonesty coverage issued by Travelers to Homemaxx. Travelers argues that because Gray did not discover the loss attributed to employee dishonesty until well after the discovery deadline specified in the policy, it is entitled to dismissal or, in the alternative, summary judgment. The motions have been briefed fully, and no hearing is necessary. For the reasons stated below, the court will grant the defendant's motion, which will be construed as one for summary judgment. BACKGROUND Homemaxx performed real estate settlement transactions in Maryland, including as an agent for First American Title Insurance Company ("First American"). (Pl.'s Opp. Mem. at 1.) Relevant to this lawsuit, Daniel Fink Jr. was listed as the resident agent for Homemaxx and appears to have been solely responsible for the day-to-day operations of the company. (Id.) The

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only other individual apparently associated with Homemaxx was J. Scott Morse, the sole member of Homemaxx. (Id. at Ex.1, Gray Aff. at

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