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State Auto. Mut. Ins. Co. v. American Re-Insurance Co.

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

August 23, 1990, Filed

No. C2-87-223

Opinion

 [*556]  OPINION AND ORDER

GEORGE C. SMITH, UNITED STATES DISTRICT JUDGE

This matter is before the Court upon the defendant's motion for summary judgment and the plaintiff's cross motion for summary judgment. Defendant has filed a memorandum contra to the plaintiff's cross motion and a reply memorandum in support of its motion for summary judgment. Plaintiff has filed a memorandum contra to the defendant's summary judgment motion coupled with a reply memorandum in support of its motion for summary judgment. This suit is before this Court pursuant to a complaint filed by the plaintiff, State Automobile Mutual Insurance Co., ("State Auto") alleging a breach of an insurance contract by the defendant, American Re-Insurance Co. ("American"). The plaintiff states that jurisdiction is proper under 28 U.S.C. § 1332, Diversity of Citizenship. The Court, herein, will rule upon the two pending summary judgment motions.

FACTS

This case is a dispute between State Auto, an insurance company, and American,  [*557]  a reinsurance company. 1 As stipulated by the parties, in September, 1985, State Auto issued a Preferred Business  [**2]  Policy identified as Policy Number PBP7 817 152 ("The Policy") to Industrial Fabricators Company, Inc., ("IFC"). The Policy was to be effective from September 1, 1985, to September 1, 1986, and afforded coverages to IFC and certain other entities, subject to its terms and conditions, for property located at 20 Phillips Road in Jackson, Tennessee ("The Property"). (See Stipulation of August 9, 1988, Paragraph 1).

The Policy set forth separate limits of coverage for the building, contents and a building under construction (otherwise known as "Builders'  [**3]  Risk" coverage) at the property as follows:

Designated Premises

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748 F. Supp. 556 *; 1990 U.S. Dist. LEXIS 13225 **

STATE AUTOMOBILE MUTUAL INSURANCE CO., Plaintiff, v. AMERICAN RE-INSURANCE CO., Defendant

Disposition:  [**1]  GRANTED.

CORE TERMS

reinsurance, coverage, contents, summary judgment, new structure, summary judgment motion, indemnify, reinsurance agreement, insurance company, insured, blanket policy, loss of income, representations, fortunes, damages, percent, electronic data processing, defense motion, material fact, memorandum, changes