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United States District Court for the Eastern District of Pennsylvania
March 2, 2022, Decided; March 2, 2022, Filed
CIVIL ACTION NO. 20-4966
This case involves an insurance coverage dispute. It began when a tree fell and caused damage to an adjacent property. The insured premises were used as a rental property, and the policy issued was one tailored for landlords, with various coverage options, not all of which were selected. Given where the damage occurred and the language of the policy, I am compelled to conclude that coverage does not exist. I will therefore grant the carrier and agent's Motion for Summary Judgment and deny Plaintiff's Cross-Motion.
The facts set forth in this background and procedural history were adopted from the parties' joint statement of material facts ("JSMF"). ECF 26. Ms. Daisy Walker is an adult individual domiciled in [*2] Pennsylvania. JSMF ¶ 2. Defendants are Foremost Insurance Company Grand Rapids, Michigan, a Michigan insurance company organized under the laws of and domiciled in Michigan, id. ¶ 1, and Debra Elaine Tucker, a New Jersey resident who acts as an independent insurance agent for Foremost, id. ¶ 5. Ms. Walker owns a single-family home at 3425 West School House Lane, Philadelphia, Pennsylvania 19129 (the "Insured Property"), which she rents out to tenants. Id. ¶ 3. Ms. Walker's daughter, Cheryl Walker-Robertson, manages the Insured Property on her behalf. Id. ¶ 4.
A. The Insurance Claims and Relevant State Court Proceedings
The Insurer issued a Dwelling Fire Three Policy Landlord, Form 11303 03/13, policy number 5002088131 ("the Policy"), to Ms. Walker with an initial policy term beginning on February 8, 2018 and ending on February 8, 2019. Id. ¶ 6. The Policy was renewed and in force for the subsequent term of April 11, 2019 to April 11, 2020. Id. Ms. Tucker was the agent who received the completed renewal application from Ms. Walker-Robertson and who assisted with issuing the Policy. Id. ¶ 8.
On October 16 or 17, 2019, a branch from a tree located on the Insured Property fell on the Insured [*3] Property and on the adjoining property located at 3421 West School House Lane, Philadelphia, PA 19129 ("the Neighboring Property"). Id. ¶ 9. Janet Grace, the owner of that property, claimed the fallen tree branch caused damage to her property. Id. ¶ 11. The alleged damage on the Neighboring Property all occurred within approximately twenty feet of the tree. Id. ¶ 15.
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
2022 U.S. Dist. LEXIS 36390 *
DAISY LARCENA WALKER v. FOREMOST INSURANCE COMPANY GRAND RAPIDS, MICHIGAN and DEBRA ELAINE TUCKER
fence, coverage, dwelling, structures, premises, Declarations, Neighboring, immediately adjacent, insurer, summary judgment, property line, adjacent, insurance policy, property damage, Subrogation, grounds, courts