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Bedlion v. Travelers Indem. Co. of Am.

United States District Court for the Northern District of Ohio, Eastern Division

March 20, 2020, Decided; March 20, 2020, Filed

CASE NO. 4:20-CV-34

Opinion

MEMORANDUM OF OPINION AND ORDER

[Resolving ECF Nos. 10, 14]

Pending before the Court is Defendant's Motion for Judgment on the Pleadings (ECF No. 10) and Motion to Stay the Case Management Conference (ECF No. 14). Plaintiff has not filed a response to either motion. For the reasons that follow, Defendant's Motion for Judgment on the Pleadings is granted and Defendant's Motion to Stay the Case Management Conference is moot, and therefore dismissed.

I. Background

Plaintiff Tracy Bedlion and her deceased husband, Timothy Bedlion, were the named insureds under an Agribusiness insurance policy issued by Defendant Travels Indemnity Company of America. ECF No. 5 at PageID #: 91; ECF No. 1-2. Included within the policy's coverage was the parties' residence at 5676 Warner Road in Vernon Township, Trumbull County, Ohio ("Warner Road residence"). The policy provided in pertinent part:

Exclusions Intentional Loss: "We will not pay for [*2]  loss or damage arising out of any act an 'insured' commits or conspires to commit with the intent to cause a loss. In the event of such loss, no 'insured' is entitled to coverage, even 'insureds' who did not commit or conspire to commit the act causing the loss.

On June 17, 2019, during the policy period, Timothy Bedlion set fire to the Warner Road residence without Plaintiff's knowledge, consent, or control. Id. at PageID #: 92. Thereafter, Plaintiff presented her fire loss claim to Defendant for payment. Id. Defendant denied Plaintiff's fire loss claim on October 14, 2019. Id.

Plaintiff alleges that the insurance policy's intentional loss exclusion is unenforceable and that Defendant breached the parties' insurance contract when it denied her fire loss claim, causing direct and consequential damages. Id. Plaintiff seeks a declaration from the Court that the policy provides for coverage of the fire loss, that Defendant breached the parties' agreement, and a money judgement in the sum of $185,261.83 together with interest. Id.

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2020 U.S. Dist. LEXIS 48395 *

TRACY BEDLION, Plaintiff, v. TRAVELERS INDEMNITY COMPANY OF AMERICA, Defendant.

CORE TERMS

pleadings, coverage, insured, spouse, fire loss, allegations, commit, motion to dismiss, innocent spouse rule, motion for judgment, insurance policy, policy exclusion, no obligation, set fire, unenforceable, precludes, breached, conspire, damages, depends, falling, reasons, moot