Winders v. State Farm Fire & Cas. Co.

359 F. Supp. 3d 1274
CourtDistrict Court, N.D. Georgia
DecidedSeptember 18, 2018
DocketCIVIL ACTION FILE NO. 1:17-cv-794-TCB
StatusPublished
Cited by4 cases

This text of 359 F. Supp. 3d 1274 (Winders v. State Farm Fire & Cas. Co.) 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
Winders v. State Farm Fire & Cas. Co., 359 F. Supp. 3d 1274 (N.D. Ga. 2018).

Opinion

Timothy C. Batten, Sr., United States District Judge

This case comes before the Court on Defendant State Farm Fire and Casualty Company's motion [14] for summary judgment on all counts and Plaintiffs' cross motion [17] for partial summary judgment on their breach of contract claim (Count I).

I. Background

This is a dispute about insurance coverage. The material facts set forth below are not in dispute.1 See [17-1] at 1.2

*1276Plaintiffs have an insurance policy with State Farm (Policy No. 11-NT-6136-5). The policy provides coverage for "accidental direct physical loss" to Plaintiffs' home, with certain exclusions. [14-1] ¶ 2. The pertinent exclusion states:

We do not insure for any loss to the property ... which consists of, or is directly and immediately caused by ... n. pressure from or presence of tree, shrub or plant roots.

[14-2] ¶ 3 (emphasis added) (quoting [14-1] at 41-42).

On November 11, 2015, water overflowed from a toilet on the main level of Plaintiffs' residence and caused extensive damage. A plant root had worked its way into the toilet piping and clogged it, causing an overflow. This incident resulted in the loss for which Plaintiffs seek coverage in this case.

Plaintiffs submitted a claim to State Farm the same day. Later, on December 22, State Farm denied the claim, citing the root exclusion. Plaintiffs then sued State Farm for breach of contract (Count I) and diminution of value (Count II) in state court, alleging that under the policy water, not roots, was the "direct and immediate cause" of the damage. State Farm timely removed the action to this Court, and both parties have moved for summary judgment. State Farm moves for summary judgment on Counts I and II. Plaintiffs cross-move for summary judgment on Count I. Each count is taken in turn.

II. Legal Standard

A. Summary Judgment

Summary judgment is appropriate when "there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." FED. R. CIV. P. 56(a). There is a "genuine" dispute as to a material fact if "the evidence is such that a reasonable jury could return a verdict for the nonmoving party." FindWhat Inv'r Grp. v. FindWhat.com , 658 F.3d 1282, 1307 (11th Cir. 2011) (quoting Anderson v. Liberty Lobby, Inc. , 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) ). In making this determination, however, "a court may not weigh conflicting evidence or make credibility determinations of its own." Id. Instead, the court must "view all of the evidence in the light most favorable to the nonmoving party and draw all reasonable inferences in that party's favor." Id.

"The moving party bears the initial burden of demonstrating the absence of a genuine dispute of material fact." Id. (citing Celotex Corp. v. Catrett , 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986) ). If the nonmoving party would have the burden of proof at trial, there are two ways for the moving party to satisfy this initial burden. United States v. Four Parcels of Real Prop. , 941 F.2d 1428, 1437-38 (11th Cir. 1991). The first is to produce "affirmative evidence demonstrating that the nonmoving party will be unable to prove its case at trial." Id. at 1438 (citing Celotex Corp. , 477 U.S. at 331, 106 S.Ct. 2548 ). The second is to show that "there is an absence of evidence to support the nonmoving party's case." Id. (quoting Celotex Corp. , 477 U.S. at 325, 106 S.Ct. 2548 ).

If the moving party satisfies its burden by either method, the burden shifts to the nonmoving party to show that a genuine issue remains for trial. Id. At this point, the nonmoving party must " 'go beyond the pleadings,' and by its own affidavits, or by 'depositions, answers to interrogatories, and admissions on file,' designate specific facts showing that there is a genuine issue *1277for trial." Jeffery v. Sarasota White Sox, Inc. , 64 F.3d 590, 593-94 (11th Cir. 1995) (quoting Celotex Corp. , 477 U.S. at 324, 106 S.Ct. 2548 ).

B. Contract Interpretation

The parties do not dispute that the policy is governed by Georgia law. In Georgia, the interpretation of an insurance policy is a question of law for the Court. O.C.G.A. § 13-2-1.

"[T]he cardinal rule of contract construction is to ascertain the intention of the parties." Garrett v. S. Health Corp. of Ellijay, Inc. , 320 Ga.App. 176,

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359 F. Supp. 3d 1274, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winders-v-state-farm-fire-cas-co-gand-2018.