Northbrook Property & Casualty Insurance v. West American Insurance

1 F. App'x 268
CourtCourt of Appeals for the Sixth Circuit
DecidedJanuary 4, 2001
DocketNo. 99-5594
StatusPublished
Cited by2 cases

This text of 1 F. App'x 268 (Northbrook Property & Casualty Insurance v. West American Insurance) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Northbrook Property & Casualty Insurance v. West American Insurance, 1 F. App'x 268 (6th Cir. 2001).

Opinion

GRAHAM, District Judge.

Defendant West American Insurance Company (“West American”) appeals the decision of the district court in favor of plaintiff Northbrook Property and Casualty Insurance Company (“Northbrook”), in which the district court held that West American was required to pay its pro rata share of the amount paid as a result of fire damage to a building that was the subject of insurance policies issued by both companies. West American contends that because Northbrook’s insured, MC Construction, Inc. (“MC”), was contractually obligated to insure the property against loss by fire, Northbrook was solely hable for the fire loss. For the reasons set forth below, the decision of the district court is AFFIRMED.

BACKGROUND

The facts are undisputed. See Joint App. at p. 19 (Stipulation of Facts). West American’s insured, J. Chester Porter (“Porter”) and Northbrook’s insured, MC, contracted on August 24, 1995 for MC to construct an office building on Porter’s property. The contract required Porter to maintain property liability insurance coverage, and MC was required to maintain “hazard, fire and extended coverage insurance, including valuation and coverage adequate to provide full replacement costs of the Project (Builders Risk).” Joint Append. p. 26 (Construction Contract). In compliance with this provision, MC obtained coverage from Northbrook from August 28, 1995 through August 28, 1996. Northbrook’s policy named MC as an insured and included an endorsement adding Porter as a named insured. Although he [270]*270was not required to do so under the contract, Porter obtained similar “Builder’s Risk” coverage from West American, which was effective from October 19, 1995 through April 13, 1996. In West American’s policy, only Porter was identified as a named insured.

On January 9,1996, during the construction of the building and before it was turned over to Porter, the building was destroyed by fire. Both Northbrook and West American were notified of the loss. Northbrook requested that West American pay its pro rata share of the loss, but West American denied liability and refused to pay any portion of the loss. Northbrook paid the full amount of the fire loss, which totaled $551,866.00.

Northbrook then filed suit to recover from West American its pro rata share of the compensated loss. The parties filed cross motions for summary judgment. The district court found in favor of North-brook. Specifically, the district court held that Porter had an insurable interest in the building and, therefore, West American was required to pay its pro rata share of the compensated loss. See Joint App. at p. 16 (District Ct. Order).

DISCUSSION

This court reviews a grant of summary judgment de novo. See McLean v. 988011 Ontario, Ltd., 224 F.3d 797, 800 (6th Cir. 2000). We will, therefore, apply the same legal standard, Fed.R.Civ.P. 56(c), that was utilized by the district court. See id. Summary judgment is appropriate where “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 mater of law.” Fed. R.Civ.P. 56(c). In deciding a motion for summary judgment, this court views the factual evidence and draws all reasonable inferences in favor of the nonmoving party. See Northland Ins. Co. v. Guardsman Prods., Inc., 141 F.3d 612, 616 (6th Cir. 1998). To prevail, the party opposing the motion must produce sufficient evidence to create a genuine issue of material fact. See Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). A mere scintilla of evidence is insufficient, as there must be evidence on which a jury could reasonably find for the party opposing the motion. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

West American’s argument revolves around a central theme. West American contends that since MC, not Porter, was contractually obligated to purchase Builder’s Risk insurance, MC’s insurer, North-brook, was solely responsible for the loss.

West American correctly notes that its coverage was limited to Porter’s insurable interest in the property. See Allstate Ins. Co. v. Kentucky Cent. Ins. Co., 700 S.W.2d 76 (Ky.App.1985). It then argues that, as a result of MC’s agreement to purchase Builder’s Risk insurance, Porter’s insurable interest in the building was reduced to the risk that MC would not obtain such insurance; this risk did not materialize and, therefore, it is not liable under its policy. West American further argues that if it is required to pay any part of the loss, this would result in a benefit to MC, which is not named as insured in its policy, and that this would violate Ky.Rev. Stat. Ann. § 304.14-060(3). Neither argument has merit.

“Insurable Interest” is defined in § 304.14-060(2), as follows:

Insurable interest as used in this section means any actual, lawful, and substantial economic interest in the safety or preservation of the subject of the insurance [271]*271free from loss, destruction, or pecuniary damage or impairment.

Porter’s insurable interest in the building was not limited to the risk that MC would fail to obtain fire insurance. Porter was the owner of the realty, and under well-settled principles of property law, the budding, even in its uncompleted state, was part of this realty. See 35 Am.Jur.2d Fixtures § 78 (1967) (“a building on land is considered part of the realty”); id. Property § 15 (“a building permanently fixed to the freehold becomes part of it”). His insurable interest was the full value of the building as it existed at the time of loss. West American cites no law for the proposition that MC’s agreement to insure the building affected or diminished Porter’s property interest in it.

West American argues that since MC is not a named insured in its policy, it cannot receive any benefit, direct or indirect, from its policy. For support of this proposition, West American relies on Ky.Rev.Stat. Ann. § 304.14-060(3), which provides as follows:

304.14-060 INSURABLE INTEREST, PROPERTY

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(3) When the name of a person intended to be insured is specified in the policy, such insurance can be applied only to his own proper interest. This section shall not apply to life, health or title insurance.

The purpose of the statute is to prevent a named insured from recovering more than the value of his insurable interest.

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