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James Tadlock, Scott Arnett v. Century Surety Company

November 2, 2012

JAMES TADLOCK, SCOTT ARNETT, FRED BEYRAU, JOSEPH GOODWIN, AMBER GOODWIN, DARREN HRBEK, CHRIS HURST, ULLON SECHREST, DENISE SECHREST, STEVE SIMPSON, AND MYRNA SIMPSON, PLAINTIFFS,
v.
CENTURY SURETY COMPANY, DEFENDANT.



The opinion of the court was delivered by: J. Phil Gilbert District Judge

MEMORANDUM AND ORDER

This matter comes before the Court on defendant Century Surety Company's ("Century") motion to dismiss (Doc. 3). Plaintiffs filed a response (Doc. 12) to which Century filed a reply (Doc. 14). For the following reasons, the Court grants Century's motion to dismiss.

FACTS AND PROCEDURAL HISTORY

The following are the relevant facts as taken from plaintiffs' well-pleaded complaint. Joseph Jones owned a motorcycle shop in Pontoon Beach, Illinois, called Joe's Hawg*fn1 Doc. On June 14, 2011, Joe's Hawg Doc caught fire destroying plaintiffs' motorcycles stored therein. As a result, plaintiffs sustained substantial losses. James Tadlock's 1934 Harley-Davidson motorcycle was valued at $50,000 and his 1940 Harley-Davidson motorcycle was valued at $42,000. Scott Arnett's motorcycle was valued at $35,000. Fred Beyrau's 1971 Harley-Davidson motorcycle was valued at $14,000. Joseph and Amber Goodwin's 1974 Harley-Davidson was valued at $20,000. Chris Hurst's 1989 Harley-Davidson motorcycle was valued at $6,000. Darren Hrbek's 1985 Harley-Davidson motorcycle was valued at $25,000. Ullon and Denise Sechrest's 1975 Harley-Davidson motorcycle was valued at $10,000. Finally, Steve and Myrna Simpson's custom motorcycle was valued at $55,000.

On the date of the fire, Joseph Jones had an insurance policy with Century covering Joe's Hawg Doc. Two portions of that policy are at issue in plaintiffs' complaint. The first relevant portion, Section III -- Garagekeepers Coverage, Section (A)(1)(a) and (b), states as follows:

A. Coverage

1. We will pay all sums the "insured" legally must pay as damages for "loss" to a "customer's auto" or "customer's auto" equipment left in the "insured's" care while the "insured" is attending, servicing, repairing, parking or storing it in your "garage operations" under:

a. Comprehensive coverage

From any cause except:

(1) The "customer's auto's" collision with another object; or

(2) The "customer's auto's" overturn.

b. Specified Causes of Loss Coverage Caused by:

(1) Fire, lightening or ...


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