Coverage Lawsuit Against State Farm for Breach of Contract - Summary Judgment Denied

Pina v. State Farm Fire and Casualty Company, Dist. Court, WD Kentucky 2012 - Google Scholar:

This is an all too common occurrence.  Someone buys an insurance policy that insures their personal property.  They then lose that property in a fire.  The insurance company denies coverage, fights the litigation and moves for summary judgment.  Here State Farm refused coverage to the insureds who were gradually moving their property out of their old house to their new house.

The Court explained:  "The fire occurred only thirteen (13) days after Plaintiffs started moving property to their newly acquired principal residence in Louisville. Therefore, we conclude that the limitation provision was not applicable and Plaintiffs were entitled to full reimbursement for the damage to their personal property resulting from the October 11, 2008 fire. Defendant's motion for summary judgment on Plaintiffs' breach of contract claim will thus be denied."

Here the district court denied the motion for summary judgment.


Edward X. Clinton, Jr.

'via Blog this'