United States District Court, W.D. Missouri, Western Division
ORDER GRANTING MOTION FOR SUMMARY JUDGMENT
Kays, United States District Judge.
case involves claims of breach of contract and vexatious
refusal to pay resulting from Defendant State Auto Property
and Casualty Insurance Company's (“State
Auto”) denial of Plaintiffs Javid Chaudhri and Arshad
Chaudhri's insurance claim.
before the Court is Defendant State Auto's Motion for
Summary Judgment (Doc. 30). Because Plaintiffs violated the
insurance policy's cooperation clause, Defendant's
motion is GRANTED.
Javid and Chaudhri and Arshad Chaudhri own a convenience
store located at 700 East 85th Street, Kansas City, Missouri
64131. Hani Daifallah and Mohammed Daifallah
(“Daifallahs”) were tenants of Plaintiffs'
State Auto issued a businessowners insurance policy to
Plaintiffs for the convenience store that was effective from
January 1, 2012, through January 1, 2013. This policy
provided coverage “for direct physical loss of or
damage to Covered Property at the premises described in the
Declarations caused by or resulting from any Covered Cause of
Loss.” “Covered property” is defined as
“the type of property described in [Section] A.1., and
limited in A.2. Property Not Covered, if a Limit of Insurance
is shown in the Declarations for that type of
property.” The property described in Section A.1.
Buildings, meaning the buildings and structures at the
premises described in the Declarations, including:
(1) Completed additions;
(2) Fixtures, including outdoor fixtures;
(3) Permanently installed:
(a) Machinery; and
(4) Your personal property in apartments or rooms furnished
by you as landlord;
(5) Personal property owned by you that is used to maintain
or service the buildings or structures or the ...