Builders Mutual Insurance v. Oaktree Homes, Inc.

867 F. Supp. 2d 800, 2012 U.S. Dist. LEXIS 49333, 2012 WL 1158854
CourtDistrict Court, D. South Carolina
DecidedApril 9, 2012
DocketC.A. No. 0:11-cv-550-CMC
StatusPublished

This text of 867 F. Supp. 2d 800 (Builders Mutual Insurance v. Oaktree Homes, Inc.) is published on Counsel Stack Legal Research, covering District Court, D. South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Builders Mutual Insurance v. Oaktree Homes, Inc., 867 F. Supp. 2d 800, 2012 U.S. Dist. LEXIS 49333, 2012 WL 1158854 (D.S.C. 2012).

Opinion

OPINION AND ORDER ON MOTION FOR SUMMARY JUDGMENT

CAMERON McGOWAN CURRIE, District Judge.

Through this declaratory judgment action, Plaintiff, Builders Mutual Insurance Company (“Builders Mutual”), seeks a determination of the extent of its liability for damages which were awarded against its insureds, OakTree Homes, Inc, Dawne M. Ras, and Tom Ras (collectively “OakTree Defendants”). The underlying lawsuit (“State Action”) was filed by Frank A. DiPiero and Darien B. DiPiero (collectively “the DiPieros”) seeking recovery for defects in the construction of their home. Dkt. No. 41-2 (State Action complaint). Liability in the State Action was established on motion for summary judgment. Dkt. No. 41-3 (State Action summary judgment order and “judgment”). Actual damages of $123,542.25 and punitive damages of $300,000 were awarded in a subsequent non-jury hearing. Dkt. No. 41-4 (State Action order on damages and judgment).

[803]*803The matter is before the court on Builders Mutual’s motion for summary judgment as to the extent of its duty of indemnification under a Commercial General Liability policy (“CGL policy”) which provided coverage to the OakTree Defendants.1 Builders Mutual argues that it has no obligation to indemnify the Oak-Tree Defendants for the damages awarded in the State Action for a variety of reasons including, inter alia, that: (1) some of the damages awarded were for injuries which fall outside the scope of coverage of the CGL policy because they were not awarded for “property damage” caused by an “occurrence”; (2) all of the damage to the DiPieros’ home is excluded under the policy’s Your-Work exclusion; and (3) the policy excludes coverage of punitive damages awards. For the reasons set forth below, Builders Mutual’s motion is granted in full.2

SUMMARY JUDGMENT STANDARD

Summary judgment should be granted if “the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). It is well established that summary judgment should be granted “only when it is clear that there is no dispute concerning either the facts of the controversy or the inferences to be drawn from those facts.” Pulliam Inv. Co. v. Cameo Properties, 810 F.2d 1282, 1286 (4th Cir.1987).

The party moving for summary judgment has the burden of showing the absence of a genuine issue of material fact, and the court must view the evidence before it and the inferences to be drawn therefrom in the light most favorable to the nonmoving party. United States v. Diebold, Inc., 369 U.S. 654, 655, 82 S.Ct. 993, 8 L.Ed.2d 176 (1962).

Rule 56(c)(1) provides as follows:

(1) A party asserting that a fact, cannot be or is genuinely disputed must support the assertion by:
(a) citing to particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits or declarations, stipulations ..., admissions, interrogatory answers or other materials; or
(b) showing that the materials cited do not establish the absence or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support the fact.

Fed.R.Civ.P. 56(c)(1).

A party “cannot create a genuine issue of material fact through mere speculation or the building of one inference upon another.” Beale v. Hardy, 769 F.2d 213, 214 (4th Cir.1985). Therefore, “[m]ere unsupported speculation ... is not enough to defeat a summary judgment motion.” Ennis v. National Ass’n of Bus. & Educ. Radio, Inc., 53 F.3d 55, 62 (4th Cir.1995).

BACKGROUND

I. State Action

Complaint. The State Action complaint asserted two causes of action against the [804]*804OakTree Defendants: (1) breach of contract/warranty for defective construction (Dkt. No. 41-2 ¶¶ 8-21); and (2) fraud for false assurances that a home warranty would be provided through a third-party warranty company and that repairs would be made (Dkt. No. 41-2 ¶¶ 22-27). The first cause of action rested on allegations of defects in the “front steps, front walkway, driveway and a cement patio at the rear of the house.” Id. ¶ 12. The DiPieros alleged that “[t]he stone and concrete in these areas began separating and cracking significantly” not long after their purchase and that the defects continued to worsen thereafter. Id. These defects were not corrected despite the DiPieros’ prompt reports to the OakTree Defendants who agreed to make repairs. Id. ¶¶ 13-17. The DiPieros concluded their breach of contract/warranty claim with the following allegations and demands:

18. Based upon quotes provided by subcontractors, the cost to repair the existing defects will be in excess of $30,000.
19. [The OakTree] Defendants have breached the Contract and the Home Buyers Warranty by building the [DiPieros’] home in a defective manner and failing to perform necessary repairs to remedy these substantial defects.
20. [The OakTree] Defendants’ actions constitute reckless, wanton and/or willful construction deficiencies.
21. [The DiPieros] are entitled to recover damages, including punitive damages and attorneys’ fees and costs for [the OakTree] Defendants’ conduct.

Dkt. No. 41-2 ¶¶ 18-21.

The fraud claim rested primarily on allegations the OakTree Defendants induced the DiPieros to execute the construction contract by offering a Home Buyers Warranty to be set up through a third-party warranty company but failed to procure such a warranty. Id. ¶¶ 23-26. The DiPieros also alleged that the OakTree Defendants misrepresented their intent to make repairs to the home. Id. ¶ 27. The DiPieros alleged that they were injured by these misrepresentations “because substantial defects on the [sic] their home have never been repaired and continue to worsen[.]” Id. ¶ 28.

In their “Request for Relief’ as to all causes of action, the DiPieros sought actual and compensatory damages, punitive damages, and attorneys’ fees and costs. They also included a demand for a jury trial.

Summary Judgment. The DiPieros were granted summary judgment as to liability in the State Action by order entered January 20, '2010. Dkt. No. 41-3 (state court order). The one-page order granting summary judgment notes that no one appeared for the OakTree Defendants. While the summary judgment order referred to the “record presented,” the order does not include any discussion of the record evidence. Neither has any party provided the court with the underlying summary judgment motion or record. The parties have, however, presented various documents which, presumably, were provided to the state court at some point in the proceedings. See infra Evidence in State Action.

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Bluebook (online)
867 F. Supp. 2d 800, 2012 U.S. Dist. LEXIS 49333, 2012 WL 1158854, Counsel Stack Legal Research, https://law.counselstack.com/opinion/builders-mutual-insurance-v-oaktree-homes-inc-scd-2012.