Mount Zion Baptist Church v. Guideone Elite Insurance

808 F. Supp. 2d 1322, 2011 U.S. Dist. LEXIS 42220, 2011 WL 1497385
CourtDistrict Court, N.D. Georgia
DecidedApril 19, 2011
DocketCivil Action No. 1:10-CV-609-RWS
StatusPublished
Cited by6 cases

This text of 808 F. Supp. 2d 1322 (Mount Zion Baptist Church v. Guideone Elite Insurance) is published on Counsel Stack Legal Research, covering District Court, N.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mount Zion Baptist Church v. Guideone Elite Insurance, 808 F. Supp. 2d 1322, 2011 U.S. Dist. LEXIS 42220, 2011 WL 1497385 (N.D. Ga. 2011).

Opinion

ORDER

RICHARD W. STORY, District Judge.

This case comes before the Court on Defendant GuideOne Elite Insurance Company’s (“GuideOne”) Motion for Summary [1323]*1323Judgment [22]. After a review of the record, the Court issues the following Order.

Background

GuideOne issued an insurance policy to Plaintiff, Mount Zion Baptist Church of Marietta in 2008. (Def.’s SMF, Dkt. [22— 2], at ¶ 1). Plaintiff now seeks to recover under this policy for damages to its Church Sanctuary, which occurred on March 9, 2009. (Pl.’s Br., Dkt. [27-1], at p. 1). Under the policy, GuideOne agreed to pay “for any direct physical loss or damage to Covered Property, caused by collapse of a building or any part of a building that is insured.” (Def.’s SMF, Dkt. [22-2], at 1129). Collapse is defined as “the actual abrupt falling down or caving in of a building or any part of a building with the result that the building or part of the building cannot be occupied for its intended use.” (Id. at ¶ 31).1 The policy further states that GuideOne will only compensate for damage if the collapse is caused by “decay that is hidden from view, unless the presence of such decay is known to the insured prior to the collapse.” (Id. at ¶ 30).

On or about March 9, 2009, the structural components of the church building “failed.” (PL’s SMF, Dkt. [27-1], at ¶ 3). On June 11, 2009, William B. Casey, Mt. Zion’s Chairman of the Board of Trustees, submitted to GuideOne a Sworn Statement in Proof of Loss. (Aff. of Casey, Dkt. [22— 4], at p. 67). In that statement Mount Zion swore that (1) a collapse had occurred on March 9, 2009 in a structure on the church grounds, and (2) the cause and origin of the loss were “decay and deterioration due to defective materials and method of construction.” (Aff. of Casey, Dkt. [22-4], at pp. 68-69).

Enclosed with the Sworn Statement was a report dated March 31, 2009 from John M. Ware, a structural engineer who was hired by Mount Zion to inspect the building. (Def.’s SMF, Dkt [22-2], at ¶4). During his inspection, Mr. Ware observed that the building had “outwardly bowed sidewalls and a sagging roof.” (Aff. of Ware, Dkt. [22-7], at p. 32). He noted that the sagging and bowing had likely been occurring for 15 years. (Id. at p. 69). Mr. Ware testified that one could readily see in the attic that the roof truss system was poorly designed and constructed, such that it was “obvious that [the truss system] is inadequate to support the long-term loads required by the building codes.” (Id. at pp. 29, 34-35). Mr. Ware also observed that some of the roof truss members had been repaired over time by having “sister members added.”2 (Id. at p. 38). Mr. Ware did not observe any decay, vermin damage, or insect damage during his inspection of the attic. (Id. at p. 41). Although Mr. Ware noted that several of the roof rafters had collapsed and severed, he stated that the walls and roof of the sanctuary were standing at the time of the inspection. (Id. at pp. 40, 75-78). Mr. Ware observed that to leave the sanctuary standing “constitutes a hazard to people.” (Id. at p. 54).

As a result of the report, Mr. Casey agreed to install bracing inside the sanctuary. (Def.’s SMF, Dkt. [22-2], at ¶18). Between the time of Mr. Ware’s report on February 28, 2009 and the installation of the bracing, the building continued to [1324]*1324stand. (Id. at ¶ 19). The building continued to stand until Plaintiff had it demolished. (Id. at ¶ 21).

Mt. Zion reported the situation to GuideOne on April 6, 2010. (Id. at ¶ 22). Although the contractor reported the sagging and bowing to Mr. Casey on February 16, 2009 and the bracing was installed on February 28, 2009, Mount Zion asserted that the time and origin of the loss was March 9, 2009. (Id. at ¶ 23). As part of its investigation, GuideOne also hired an engineer to inspect the building. (Id. at ¶ 24). Mr. Grimshaw, GuideOne’s engineer, inspected the property on April 23, 2009 and provided Mount Zion with a copy of his report. (Id. at ¶¶ 24, 25, 26). Mr. Casey agreed that Mr. Grimshaw’s observations were consistent with those in Mr. Ware’s report. (Id. at ¶ 27).

Discussion

I. Summary Judgment Standard

Federal Rule of Civil Procedure 56 requires that summary judgment be granted “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(c). “The moving party bears ‘the initial responsibility of informing the ... court of the basis for its motion, and identifying those portions of the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, which it believes demonstrate the absence of a genuine issue of material fact.’ ” Hickson Corp. v. N. Crossarm Co., 357 F.3d 1256, 1259 (11th Cir.2004) (quoting Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986) (internal quotations omitted)). Where the moving party makes such a showing, the burden shifts to the nonmovant, who must go beyond the pleadings and present affirmative evidence to show that a genuine issue of material fact does exist. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 257, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

The applicable substantive law identifies which facts are material. Id. at 248, 106 S.Ct. 2505. A fact is not material if a dispute over that fact will not affect the outcome of the suit under the governing law. Id. An issue is genuine when the evidence is such that a reasonable jury could return a verdict for the non-moving party. Id. at 249-50, 106 S.Ct. 2505.

In resolving a motion for summary judgment, the court must view all evidence and draw all reasonable inferences in the light most favorable to the non-moving party. Patton v. Triad Guar. Ins. Corp., 277 F.3d 1294, 1296 (11th Cir.2002). But, the court is bound only to draw those inferences which are reasonable. “Where the record taken as a whole could not lead a rational trier of fact to find for the non-moving party, there is no genuine issue for trial.” Allen v. Tyson Foods, Inc., 121 F.3d 642, 646 (11th Cir.1997) (quoting Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986)). “If the evidence is merely colorable, or is not significantly probative, summary judgment may be granted.” Anderson, 477 U.S. at 249-50, 106 S.Ct. 2505 (internal citations omitted); see also Matsushita, 475 U.S.

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808 F. Supp. 2d 1322, 2011 U.S. Dist. LEXIS 42220, 2011 WL 1497385, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mount-zion-baptist-church-v-guideone-elite-insurance-gand-2011.