Hauser v. Great American Assurance Co.

971 F. Supp. 2d 824, 2013 WL 5433499, 2013 U.S. Dist. LEXIS 140380
CourtDistrict Court, N.D. Illinois
DecidedSeptember 30, 2013
DocketNo. 11 C 8838
StatusPublished

This text of 971 F. Supp. 2d 824 (Hauser v. Great American Assurance Co.) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hauser v. Great American Assurance Co., 971 F. Supp. 2d 824, 2013 WL 5433499, 2013 U.S. Dist. LEXIS 140380 (N.D. Ill. 2013).

Opinion

MEMORANDUM OPINION AND ORDER

VIRGINIA M. KENDALL, District Judge.

Plaintiff Richard Hauser insured a horse, Viva’s Romina, with Defendant Great American Assurance Company. Following the horse’s death, Hauser sought to collect on an equine mortality insurance policy issued by Great American. Great American denied liability under the policy due to alleged misrepresentations Hauser made in his insurance application and for Hauser’s alleged violations of conditions precedent. Hauser subsequently filed this action against Great American in the Circuit Court of Cook County, Illinois on November 16, 2011. (Dkt. No. 1.) Hauser alleges breach of contract and vexatious and unreasonable action and delay by Great American. (Id.) Great American removed this action from state court based on diversity of citizenship. (Id.) Great American now seeks summary judgment based on alleged misrepresentations and omissions in Hauser’s insurance application and Hauser’s failure to satisfy two conditions precedent. This Court grants Great American’s motion because Hauser failed to satisfy a condition precedent that required him to provide immediate notice to Great American of any injury or lameness to Viva’s Romina. Accordingly, this Court enters summary judgment for Great American.

FACTS

The following facts are undisputed unless otherwise noted. Hauser is a citizen of the State of Indiana and resides in Carmel, Indiana. (Def. 56.1 St. ¶ 1.) Great American is an Ohio corporation with its principal place of business in Cincinnati, Ohio. (Id. ¶ 2.) In December 2007, Hauser purchased a horse named “Viva’s Romina” for $45,000. (Id. ¶ 11.) Soon after purchasing Viva’s Romina, Hau-ser applied for equine insurance through his insurance agency. (Id. ¶ 18.) Approximately one year later Hauser renewed his policy for the 2008-2009 policy term. (Id. ¶ 14.) Hauser declined to renew his policy the following year for economic reasons. (Id. ¶ 15.)

In April 2011, Hauser leased Viva’s Ro-mina to Diane Carney. (Id. ¶ 16.) The lease provided Ms. Carney, a horse trainer, with an option to buy Viva’s Romina for $80,000. (Id. ¶¶ 16, 19.) According to the lease, Ms. Carney was to stable the horse in Illinois. (Id. ¶ 40.) Ms. Carney was predominantly responsible for Viva’s Ro-mina’s care and attention during the lease term. (Id. ¶ 42.)

After entering into the lease with Ms. Carney, Hauser applied for equine insurance covering Viva’s Romina. (Id. ¶ 17.) Hauser completed his insurance application and a Health Statement for Viva’s Romina on April 26, 2011. (Id. ¶ 18.) Hauser sought to insure Viva’s Romina for $80,000. (Id. ¶ 19.) In his application, Hauser indicated that Viva’s Romina was healthy and capable of performing its in[827]*827tended use. (Id. ¶ 20.) One intended use for Viva’s Romina was to participate in competitions that would require the horse to jump fences that were one and one-half meters high. (See PI. 56.1 St. ¶ 13.) Hau-ser also indicated that Viva’s Romina had not been treated for accident, illness, colic or lameness in the past two years but had received normal veterinarian checkups. (Def. 56.1 St. ¶ 21.) The Health Statement signed by Hauser states:

This form can only be used when an animal has not had any illness, injury, lameness or disease in the past year. Any animal with current or previous conditions is subject to company approval. A veterinarian exam may be required before coverage can be bound. Please call our office with any questions regarding the medical history.
I declare, to the best of my knowledge, that the animals named above have been free from illness, injury, lameness or disease. These animals have not had any type of colic or gastrointestinal disorders, nerving, degenerative joint disease, founder, laminitis or surgery of any kind in the past year. If any of these medical conditions have occurred in previous years please contact our office. For renewals, this declaration relates to the prior term only, as all medical information older than 12 months would have been previously reported to the company.
I understand that any coverage applied for may become null and void if any material fact -has been concealed, misrepresented or is missing from this form.

(Id. ¶ 22.)

Hauser and Great American dispute whether Viva’s Romina suffered from illness, injury, lameness or disease prior to April 26, 2011. Great American contends that Viva’s Romina exhibited signs of and received treatments for lameness between August 7, 2010, and April 13, 2011. (Id. ¶ 23.) Hauser contends that Viva’s Romi-na was not lame prior to April 26, 2011, and that the treatments Viva’s Romina received between August 7, 2010, and April 13, 2011, were routine veterinary maintenance. (PL 56.1 Resp. ¶ 23.)

Great American also contends that it was not aware of the treatments Viva’s Romina received between August 7, 2010, and April 13, 2011, prior to issuing the insurance policy. (Def. 56.1 St. ¶ 24.) Although Hauser takes issue with the affidavit Great American cites to support this fact and disputes whether any of the treatments were for lameness, Hauser does not dispute that Great American did not know about the treatments prior to issuing the insurance policy. (PI. 56.1 Resp. ¶ 24.)

Great American issued an Equine Mortality Broad Form Policy on Viva’s Romina with a policy period from April 28, 2011, to April 28, 2012. (Def. 56.1 St. ¶ 28.) Section VI. of the insurance policy states:

VI. CONDITIONS PRECEDENT
EACH OF THE FOLLOWING IS A CONDITION PRECEDENT TO ANY LIABILITY BY US UNDER THIS POLICY. ANY FAILURE TO SATISFY ANY ONE OR MORE OF THESE CONDITIONS PRECEDENT, OR OF ANY CONDITION PRECEDENT IN ANY ENDORSEMENT TO THIS POLICY, IN RESPECT OF ANY “HORSE,” LOSS, OR CLAIM, WILL INVALIDATE COVERAGE IN RESPECT OF THAT “HORSE,” LOSS, OR CLAIM AND WILL RELEASE US FROM ALL LIABILITY IN RESPECT OF THAT “HORSE,” LOSS, OR CLAIM.

(Id. ¶ 31.) One condition precedent in the insurance policy concerns the health of the covered horse and states:

[828]*828A. Health of Covered “Horses”
It is a condition precedent to our liability under this policy that at the beginning of the “policy period,” each “horse” specified in the Declarations is in sound health and free from any illness, disease, injury, lameness condition or lameness injury or physical disability of any kind.
Our acceptance of an application, veterinary certificate, health statement and/or declaration of health submitted to us for insurance on any “horse” under this policy or for any increase, extension of or addition to coverage on a “horse” will not remove, satisfy or waive the requirement of full compliance with this condition precedent.

(Id. ¶ 33.) A second condition precedent in the insurance policy concerns Hauser’s responsibilities in the event of an accident, injury, illness, lameness condition or lameness injury, disease, or physical disability of any kind and states:

F. Your Duties In The Event Of Accident, Injury, Illness, Lameness Condition Or Lameness Injury, Disease, Or Physical Disability

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Cite This Page — Counsel Stack

Bluebook (online)
971 F. Supp. 2d 824, 2013 WL 5433499, 2013 U.S. Dist. LEXIS 140380, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hauser-v-great-american-assurance-co-ilnd-2013.