Pennsylvania National Mutual Casualty Insurance v. Snider

996 F. Supp. 2d 1173, 2014 WL 535651, 2014 U.S. Dist. LEXIS 16920
CourtDistrict Court, M.D. Alabama
DecidedFebruary 11, 2014
DocketCase No. 2:11-cv-215-MEF
StatusPublished
Cited by6 cases

This text of 996 F. Supp. 2d 1173 (Pennsylvania National Mutual Casualty Insurance v. Snider) is published on Counsel Stack Legal Research, covering District Court, M.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pennsylvania National Mutual Casualty Insurance v. Snider, 996 F. Supp. 2d 1173, 2014 WL 535651, 2014 U.S. Dist. LEXIS 16920 (M.D. Ala. 2014).

Opinion

MEMORANDUM OPINION AND ORDER

MARK E. FULLER, District Judge.

' This is a declaratory judgment action arising out of the construction of a new residence. Before the Court are pending cross-motions for summary judgment filed by Plaintiff and Counterclaim Defendant Pennsylvania National Mutual Casualty Insurance Company (“Penn National”), and Defendants and Counterclaim/Cross-claim Plaintiffs Howard and Pam Snider (collectively, the “Sniders”). (Docs. #85, 86.) Having reviewed the submissions of the parties, the applicable case law, and having had the benefit of oral argument, the Court finds that Penn National’s motion is due to be GRANTED in PART and DENIED in PART, and the Sniders’ motion is due to be DENIED.

I. JURISDICTION

The Court has subject matter jurisdiction over the claims in this action under 28 U.S.C. § 1332 (diversity). The parties do not contest personal jurisdiction or venue, and the Court finds adequate allegations in support of both.

II. STANDARD OF REVIEW

Under Rule 56 of the Federal Rules of Civil Procedure, summary judgment is appropriate “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine [dispute] as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The party asking for summary judgment “always bears the initial responsibility of informing the district 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 demonstrates the absence of a genuine issue of material fact.” Id. at 323, 106 S.Ct. 2548. The movant can meet this burden by presenting evidence showing there is no dispute of material fact, or by showing the nonmov-ing party has failed to present evidence in support of some element of its case on which it bears the ultimate burden of proof. Id. at 322-23, 106 S.Ct. 2548.

Once the moving party has met its burden, the non-moving party must “go beyond the pleadings and by ... affidavits, or by the ‘depositions, answers to interrogatories, and admissions on file,’ designate ‘specific facts showing that there is a genuine issue for trial.’ ” Id. at 324, 106 S.Ct. 2548. To avoid summary judgment, the non-moving party “must do more than simply show that there is some metaphysical doubt as to the material facts.” Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). On the other hand, a district court ruling on a motion for summary judgment must believe the evidence of the non-movant and must draw all justifiable inferences from the evidence in the [1176]*1176non-moving party’s favor. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). After the non-moving party has responded to the motion for summary judgment, the district court must grant summary judgment if there is no genuine dispute of material fact and the moving party is entitled to a judgment as a matter of law. See Fed.R.Civ.P. 56(a).

III. FACTS

The pertinent facts are largely undisputed. The Court will evaluate each motion on its own merits and, to the extent inferences may be drawn from the undisputed facts, will view all facts and inferences in the light most favorable to the non-moving party on each motion.

1. Construction of the Sniders’ Residence

In July 2004, the Sniders entered into an oral contract with Jeff Beale (“Beale”) and Jeff Beale Homes (collectively, the “Beale Defendants”) for the construction of a new residence. The Sniders verbally agreed to pay Beale the cost of construction plus a 15% profit. Beale estimated that construction of the residence would cost approximately $650,000, which Howard Snider (“Mr. Snider”) believed included Beale’s 15% profit. Beale told Mr. Snider that construction of the residence would take six to eight months and that he expected the home to be ready in early 2005.

Framing of the house, however, did not begin until April 2005. Beale was also building and remodeling other homes at the same time he was constructing the Sniders’ residence. By 2005, the Sniders were becoming increasingly displeased with Beale’s progress on the construction of their home. They complained to Beale about the slow progress, as well as rental equipment that was often left unused for periods of time.

Beale faxed invoices to the Sniders on a monthly basis, and Pam Snider (“Mrs. Snider”) would pay the invoices within three days. According to Mr. Snider, by March 24, 2006, construction costs for the Sni-ders’ residence were approaching $800,000, and the home was not completed. Beale was last at the Sniders’ residence on April 6, 2006, when he came to inspect a cracked retaining wall. Beale toured the home at that time, and Mrs. Snider gave him a punch list that needed to be done to complete the house. Several days later, on April 11, 2006, Mr. Snider called Beale and demanded that he focus on finishing their home, but Beale never returned to the Sniders’ job site after April 6, 2006. The Sniders hired another contractor who completed the construction of their home.

2. Construction Defects

The Sniders moved into their new home in the summer of 2006. The Sniders had no written warranty with Beale. Instead, it was their understanding that if there was a problem with construction, Beale would fix it. Upon moving into the home, the Sniders discovered several construction defects, including a cracked retaining wall and water intrusion in multiple areas of the home. According to Mr. Snider, this water intrusion caused mold to accumulate in multiple areas of the home, the wood floors to buckle, the electrical system to suffer damages, and the house to smell “musty.” Mr. Snider also claimed that the entrance floor was unlevel, the home’s paint job was unsatisfactory, and the exterior stucco was cracked. The Sniders paid over $150,000 to repair these defects, to complete certain work that Beale had failed to perform, and to remove the mold. Mr. Snider did not expect the moisture, mold, and other problems that later developed when he and his wife contracted with Beale to construct the home.

[1177]*11773. Insurance Policy

Penn National issued a commercial general liability (“CGL”) insurance policy to the Beale Defendants during the relevant time period (the “Policy”), which included the following insuring agreement:

SECTION I — COVERAGES
COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY

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996 F. Supp. 2d 1173, 2014 WL 535651, 2014 U.S. Dist. LEXIS 16920, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pennsylvania-national-mutual-casualty-insurance-v-snider-almd-2014.