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Owners Insurance Co. v. Warren

United States District Court, S.D. Illinois

January 31, 2017

OWNERS INSURANCE COMPANY, Plaintiff,
v.
JAMES C. WARREN d/b/a WARREN EXTERIOR AND REMODELING, MICHAEL'S ON MARKET OF WATERLOO, IL, LLC., and MICHAEL CONRAD, Defendants.

          ORDER

          DAVID R. HERNDON UNITED STATES DISTRICT JUDGE.

         Pending before the Court is plaintiff's motion for summary judgment pursuant to Fed.R.Civ.P. 56(a) in a declaratory action under 28 U.S.C. § 2201 (Doc. 23). Owners Insurance Company (“Owners Ins.”) seeks judgment in its favor, and a declaration stating that it has neither a duty to defend nor indemnify insured James Warren (“Warren”), d/b/a Warren Exterior and Remodeling, in a lawsuit stemming from a construction contract entered into with Michael Conrad and Michael's on Market of Waterloo, IL, LLC. (collectively known as “Michael's”) (Doc. 1). Warren opposes the motion. (Doc. 28). Based on the following, the Court GRANTS the motion for summary judgment.

         I. Background

         In February 2013, Owners Ins. issued an insurance policy to Warren which provided commercial general liability (“CGL”) coverage during the period of April 25, 2013 through April 25, 2014 (Doc. 1-1)[1]. As relevant, the policy's Commercial General Liability Coverage Form 55300[2], Section I - Coverages, stated the following:

         COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY

         1. Insuring Agreement

a. We will pay those sums that the insured becomes legally obligated to pay as damages because of “bodily injury” or “ property damage” to which this insurance applies. We will have the right and duty to defend the insured against any “suit” seeking those damages. We may at our discretion investigate any claim or “occurrence” and settle any claim or “suit” that may result.
No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments- Coverages A and B.[[3]]
b. This insurance applies to “bodily injury” and “property damage” only if:
(1) The “bodily injury” or “property damage” is caused by an “occurrence” that takes place in the “coverage territory”; (Doc. 1-1 at 25) (emphasis added). The relevant portions of Section V - Definitions state:
4. “Bodily injury” means bodily injury, bodily sickness or bodily disease sustained by a person, including death resulting from any of these at any time.
14. “Occurrence” means an accident, including continuous or repeated exposure to substantially the same general harmful conditions.
18. “Property damage” means:
a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it;
b. Loss of use of tangible property that is not physically injured. All such loss shall be deemed to occur at the time of the ...

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