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Franssen Condo. Ass'n of Apt. Owners v. Country Mut. Ins. Co.

Franssen Condo. Ass'n of Apt. Owners v. Country Mut. Ins. Co.

United States District Court for the Western District of Washington

October 18, 2022, Decided; October 18, 2022, Filed

No. 2:21-cv-00295-BJR

Opinion

ORDER GRANTING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT, DENYING DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT, AND DENYING TRAVELERS' MOTION TO EXCLUDE

I. INTRODUCTION

This lawsuit arises from an insurance coverage dispute between Plaintiff Franssen Condominium Association of Apartment Owners ("Plaintiff" or the "Association") and Defendants Travelers Casualty Insurance Company [*2]  of America, The Travelers Indemnity Company of America, The Travelers Indemnity Company, Farmington Casualty Company (collectively, "Travelers"), and Country Mutual Insurance Company ("Country Mutual," and together with Travelers, hereinafter referred to as "Defendants"). Presently before the Court are cross-motions for partial summary judgment filed by the parties. Plaintiff moves for partial summary judgment on part of its claim for declaratory relief (Dkt. 44 ("Pl. Mot.")), and Travelers and Country Mutual separately move for partial summary judgment on Plaintiff's claim for breach of contract. Dkt. 62 ("Country Mutual Mot."); Dkt. 64 ("Travelers Mot."). Also before the Court is Travelers' motion to exclude the testimony of Jens Johanson. Dkt. 69 ("Motion to Exclude" or "MtE"). Having reviewed the motions, the record of the case, and the relevant legal authorities, the Court GRANTS Plaintiff's motion for partial summary judgment, DENIES Travelers' and Country Mutual's motions for partial summary judgment, and DENIES Travelers' Motion to Exclude. The reasoning for the Court's decision follows.

II. BACKGROUND

A. Factual Background

Plaintiff is an association of homeowners at a condominium [*3]  on Whidbey Island in Oak Harbor, Washington (the "Condominium"). The Condominium consists of two three-story buildings, both of which were constructed in 1984. The buildings have a wood-frame exterior that is clad with stucco over various building materials.

1. The Travelers Policies

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2022 U.S. Dist. LEXIS 190163 *; 2022 WL 10419015

FRANSSEN CONDOMINIUM ASSOCIATION OF APARTMENT OWNERS, Plaintiff, v. COUNTRY MUTUAL INSURANCE COMPANY, FARMINGTON CASUALTY COMPANY, THE TRAVELERS INDEMNITY COMPANY, THE TRAVELERS INDEMNITY COMPANY OF AMERICA, and TRAVELERS CASUALTY INSURANCE COMPANY OF AMERICA, Defendants.

Subsequent History: Reconsideration denied by Franssen Condo. Ass'n of Apt. Owners v. Country Mut. Ins. Co., 2022 U.S. Dist. LEXIS 207244 (W.D. Wash., Nov. 15, 2022)

Motion granted by, in part, Motion denied by, in part Franssen Condo. Ass'n of Apt. Owners v. Country Mut. Ins. Co., 2022 U.S. Dist. LEXIS 212691 (W.D. Wash., Nov. 23, 2022)

CORE TERMS

Policies, coverage, Condominium, causal chain, weather conditions, insurer, initiated, policy period, exterior, partial summary judgment, excluded peril, perils, covered peril, Declaration, exclude coverage, reliability, wind-driven, motion to exclude, proximate cause, resulting damage, summary judgment, progressive, occurring, includes, trigger, weather-related, incremental, commencing, envelope, jointly