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Chaudhri v. State Auto Property and Casualty Insurance Co.

United States District Court, W.D. Missouri, Western Division

April 8, 2019

JAVID CHAUDHRI and ARSHAD CHAUDHRI, Plaintiffs,
v.
STATE AUTO PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant.

          ORDER GRANTING MOTION FOR SUMMARY JUDGMENT

          Greg Kays, United States District Judge.

         This 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.

         Now 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.

         Undisputed Material Facts

         Plaintiffs 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' store.

         Defendant 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. includes:

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
(b) Equipment;
(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 ...

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