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American Family Mutual Insurance Co. v. Spencer

United States District Court, E.D. Missouri, Eastern Division

March 19, 2018

AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Plaintiff,
v.
NANCY SPENCER, Defendant.

          MEMORANDUM AND ORDER

          JEAN C. HAMILTON, UNITED STATES DISTRICT JUDGE

         This matter is before the Court on Plaintiff American Family Mutual Insurance Company's Motion for Summary Judgment, filed December 21, 2017, and Defendant Nancy Spencer's Cross-Motion for Summary Judgment, filed January 22, 2018. (ECF Nos. 21, 27). The motions are fully briefed and ready for disposition.

         BACKGROUND

         Plaintiff American Family Mutual Insurance Company issued Missouri Homeowners Policy No. 24PW-6856-01 to Defendant Nancy Spencer (“Spencer”), effective from July 31, 2014, to December 25, 2014 (the “Policy”). (Policy, attached to Plaintiff's Complaint as Exhibit 1, ECF No. 1-1). The Policy provided liability coverage in the amount of $300, 000, under the terms, conditions and endorsements as contained within said Policy. (Id., P. 2). The Policy contained the following relevant provisions:

         DEFINITIONS

         The following words in this policy have defined meanings. They will be printed in bold type.

1. Bodily injury means bodily harm, sickness or disease. It includes resulting loss of services, required care and death.
Bodily injury does not include:….

         c. emotional or mental distress, mental anguish, mental injury, or any similar injury unless it arises out of actual bodily harm to the person….

         5. Insured

         a. Insured means you….

         6. Insured premises

         a. Described Location:

(1) If you own the one or two family dwelling described in the Declarations, the insured premises means: that dwelling, related private structures and grounds at that location where you reside;
(2) If you own the townhouse or row house at the location described in the Declarations, the insured premises are: that townhouse or row house, related private structures and grounds used or occupied solely by your household for residential purposes at that location.
b. For Personal Liability and Medical Expense Coverages, insured premises also include:
(1) other premises listed in the Declarations;
(2) the part of any residential premises you acquire for your occupancy during the policy period if we are notified within 30 days following the date you acquired such premises;
(3) vacant land (other than farm land) owned by or rented to an insured. This includes land on which a one or two family dwelling is being built for the personal use of an insured;
(4) an insured's individual or family cemetery lots and burial vaults;
(5) the part of any residential premises not owned by an insured, while an insured is temporarily residing there; and
(6) any premises you use in connection with the described location.
c. For Personal Liability Coverage:

         The insured premises also includes any other premises which an insured may occasionally rent for other than business purposes….

         9. Occurrence means an accident, including exposure to conditions, which results during the policy period, in:

a. bodily injury; or
b. property damage.

         Continuous or repeated exposure to substantially the same general harmful conditions is considered to be one occurrence….

         11. Property damage means physical damage to or destruction of tangible property, including loss of use of this property. Loss of use of tangible property does not include any resulting loss of value of such damaged property….

         14. You and your refer to the person or people shown as the named insured in the Declarations. These words also refer to your spouse who is a resident of your household….

         LIABILITY COVERAGES - SECTION II

         COVERAGE D - PERSONAL LIABILITY COVERAGE

         We will pay, up to our limit, compensatory damages for which any insured is legally liable because of bodily injury or property damage caused by an occurrence covered by this policy.

         Defense Provision.

         If a suit is brought against any insured for damages because of bodily injury or property damage caused by an occurrence to which this policy applies, we will provide a defense at our expense by counsel of our choice. We will defend any suit or settle any claim for damages payable under this policy as we think proper.

         OUR OBLIGATION TO DEFEND ANY CLAIM OR SUIT ENDS WHEN THE AMOUNT WE HAVE OFFERED OR PAID FOR DAMAGES RESULTING FROM THE OCCURRENCE EQUALS OUR LIMIT….

         EXCLUSIONS - SECTION II

         Coverage D - Personal Liability and Coverage E - Medical ...


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