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Mama Jo's, Inc. v. Sparta Ins. Co.

United States District Court for the Southern District of Florida

June 11, 2018, Decided; June 11, 2018, Entered on Docket

Case No. 17-cv-23362-KMM

Opinion

OMNIBUS ORDER

This cause came before the Court upon cross-motions for summary judgment. Defendant Sparta Insurance Company ("Defendant" or "Sparta") filed a Motion for Summary Judgment ("Def.'s Mot.") (ECF No. 106) and Plaintiff Mama Jo's, Inc., d/b/a Berries ("Plaintiff") filed a Motion for Partial Summary Judgment ("Pl.'s Mot.") (ECF No. 110).1 Also before the Court are two Daubert Motions.2 The motions are now ripe for review.

I. BACKGROUND3

A. Factual Background

This case arises from a dispute regarding insurance coverage of Plaintiff's property located at 2884 SW 27th Avenue, Miami, FL, 33133 (the "Restaurant") [*2]  under a commercial insurance policy issued by Defendant. The Policy (ECF No. 110-1)

i. The Policy

The Policy was in effect from September 19, 2013 to September 19, 2014. Pl.'s 56.1, ¶¶ 1, 4; Def.'s Resp. 56.1, ¶ 21. Only certain provisions of the Policy at are issue. The Policy covers "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." The Policy at 31. "Covered Causes of Loss" means "direct physical loss unless the loss is" excluded or limited. Id. at 68. There is additional coverage "to remove debris of Covered Property caused by or resulting from a Covered Cause of Loss that occurs during the policy period." Id. at 33.

Under the Business Income Loss (and Extra Expense) Coverage Form, Defendant "will pay for the actual loss of Business Income you sustain due to the necessary 'suspension' of your 'operations' during the 'period or restoration'. The 'suspension' must be caused by direct physical loss of or damage to property." Id. at 46.

ii. The Claim and Sparta's Response

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2018 U.S. Dist. LEXIS 201852 *

MAMA JO'S, INC. D/B/A BERRIES, Plaintiff, v. SPARTA INSURANCE COMPANY, Defendant.

Prior History: Mama Jo's Inc. v. Sparta Ins. Co., 2018 U.S. Dist. LEXIS 22628 (S.D. Fla., Feb. 9, 2018)

CORE TERMS

dust, debris, restaurant, physical loss, summary judgment, damages, awning, inspection, cleaning, coverage, causation, reliable, argues, roof, scientific, business income, suspension, expert testimony, lighting system, methodology, retractable, lighting, roadway, metal, estimate, genuine, qualifications, replacement, speculation, diagnostic