Schenkel & Shultz, Inc. v. Homestead Insurance Company

119 F.3d 548, 1997 U.S. App. LEXIS 17931, 1997 WL 399279
CourtCourt of Appeals for the Seventh Circuit
DecidedJuly 16, 1997
Docket96-3169
StatusPublished
Cited by6 cases

This text of 119 F.3d 548 (Schenkel & Shultz, Inc. v. Homestead Insurance Company) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Schenkel & Shultz, Inc. v. Homestead Insurance Company, 119 F.3d 548, 1997 U.S. App. LEXIS 17931, 1997 WL 399279 (7th Cir. 1997).

Opinion

HARLINGTON WOOD, JR., Circuit Judge.

Schenkel and Shultz, Inc. (“S & S”), a firm of architects, engineers, and construction managers, made miscalculations in the design and construction of a building for Center City Associates, L.P. (“CCA”), resulting in a cost overrun of more than $1 million. S & S filed a claim with Homestead Insurance Company (“Homestead”) under its professional liability policy (“the Policy”). Homestead denied coverage because S & S violated some of the terms of the Policy. The district court found that Homestead properly denied coverage and granted summary judgment in favor of Homestead. We affirm.

I. BACKGROUND

S & S, a Fort Wayne, Indiana corporation, pm-chased professional liability insurance from Homestead, a Pennsylvania corporation. The Policy covered up to $1 million of damages with a deductible of $100,000, and ran from March 11,1993 to March 11,1996. The Policy contained, inter alia, exclusions that denied coverage in particular circumstances. Exclusions V.B.l. and V.C.3., which are the exclusions at issue in this case, read:

B. Notwithstanding anything contained in this Policy to the contrary, the coverage herein shall not apply to a claim made against the Insured:
1. By a person, firm or organization (or its subrogee, assignee, indemnitee, contractor, subcontractor, subsidiary, affiliate or division) that wholly or partly owns, operates, manages, or controls the Insured, whether directly or indirectly, or that is wholly or partly owned, operated, managed or controlled by the Insured, whether directly or indirectly ...
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C. Notwithstanding anything contained in this Policy to the contrary, the coverage hereunder shall not apply with respect to a project for which any construction, including but not limited to any demolition, erection, excavation or the assembly, fabrication or installation of any components or equipment, was performed in whole or in part:
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3. By a person, firm or organization (or its contractor, subcontractor, subsidiary, affiliate or division) that wholly or partly owns, operates, manages or controls the Insured, whether directly or indirectly, or that is wholly or partly owned, operated, managed or controlled by the Insured, whether directly or indirectly ...

(Appellant App. at 24-25.) We will discuss these exclusions collectively as the “Ownership Exclusions” because they both raise the same issue in this appeal: the meaning of the term “own.”

In March 1993, S & S began construction on the “Norwest Indiana Center” building in Fort Wayne pursuant to a contract with CCA, a limited partnership of which S & S holds a 20% interest. In early May 1994, serious problems developed in the construction. Pre-cast concrete panels affixed to the side of the building began to pull away from the facade. S & S stabilized the panels and hired an independent engineer to assess the situation. At first it thought the problem was only in the construction, involving a relatively minor correction cost (approximately $90,000). Later it found the problem was much more serious: faulty structural design by S & S’s engineers. S & S ultimately spent $1,257,337.06 to remedy the defects.

On July 22, 1994, S & S first contacted Homestead about the cost overrun in a letter which stated:

We are notifying your office of a claim pursuant to our policy referenced above. We are continuing our review of the situation but have been unable to develop any final cost estimates due to the additional design problems. To date, we have incurred extra charges from Structural En *550 gineering Services and the steel contractor in excess of $150,000.

(Appellant App. at 60.) Homestead refused coverage on September 28, 1994 on the grounds that S & S had violated the Ownership Exclusions and the clause entitled Conditions Precedent to Coverage (“Conditions Clause”). (Appellant App. at 121-26.) S & S filed this action against Homestead in June 1995, asserting the Ownership Exclusions did not bar coverage of its claim because, taken in the context of the policy, the word “own” meant “control” which did not accurately describe its role in CCA. S & S also maintained that the alleged violation of the Conditions Clause did not bar coverage because Homestead did not prove any resultant material prejudice, as required by Indiana law. Miller v. Dilts, 463 N.E.2d 257, 261 (Ind.1984).

The district court granted summary judgment to Homestead. It concluded “own” was unambiguous in the Policy and, therefore, the Ownership Exclusions barred coverage. The district court also ruled the Conditions Clause violation did materially prejudice Homestead and it too barred coverage. S & S appealed.

II. DISCUSSION

A. Standard of Review

We review the district court’s grant of summary judgment de novo. National Soffit & Escutcheons, Inc. v. Superior Sys., Inc., 98 F.3d 262, 265 (7th Cir.1996). Summary judgment is proper only when “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 a judgment as a matter of law.” Fed.R.Civ.P. 56(c); Patel v. Allstate Ins. Co., 105 F.3d 365, 370 (7th Cir.1997). In making that determination we must view the record in a light most favorable to the non-moving party. Weisbrot v. Medical College, 79 F.3d 677, 680 (7th Cir.1996). As a court sitting in diversity, we must also determine if the district court accurately applied the substantive state law. Colip v. Clare, 26 F.3d 712, 714 (7th Cir.1994).

B. The Ownership Exclusions

The district court held that the Ownership Exclusions barred S & S’s coverage; therefore we must review the district court’s interpretation of the Policy. Under Indiana law, the interpretation of an insurance contract is a matter of law for the courts to determine. Tate v. Secura Ins., 587 N.E.2d 665, 668 (Ind.1992). Courts must enforce an unambiguous contract by its plain meaning, even if the result limits the insured’s coverage. Cincinnati v. Flanders, 40 F.3d 146

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Bluebook (online)
119 F.3d 548, 1997 U.S. App. LEXIS 17931, 1997 WL 399279, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schenkel-shultz-inc-v-homestead-insurance-company-ca7-1997.