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NATIONWIDE MUT. FIRE INS. CO. v. NATIONWIDE FURNIT

April 30, 1996

NATIONWIDE MUTUAL FIRE INSURANCE COMPANY
v.
NATIONWIDE FURNITURE, INC., et al.



The opinion of the court was delivered by: BARTLE

 Bartle, J.

 April 30, 1996

 This case concerns the matter of insurance coverage for damage to a building owned by the individual defendants trading as Mazway Enterprises ("Mazway") and to the building's contents owned by a tenant, Nationwide Furniture Rental and Sales, Inc. ("Nationwide Furniture"). *fn1"

 Plaintiff Nationwide Mutual Fire Insurance Company ("Nationwide Insurance") issued a policy of insurance insuring Mazway and Nationwide Furniture for certain property losses. On April 19, 1994, a serious fire occurred at one of Mazway's buildings on North Second Street in the Northern Liberties section of Philadelphia. Nationwide Insurance has filed a declaratory judgment action seeking a declaration that no coverage exists. Defendants counterclaimed seeking payment under the policy for their losses as well as damages for bad faith. All parties have moved for summary judgment. See Celotex v. Catrett, 477 U.S. 317, 322-23, 91 L. Ed. 2d 265, 106 S. Ct. 2548 (1986).

 Nationwide Insurance first contends that no coverage exists because the building was vacant for more than 60 consecutive days before the loss and because the loss was caused by vandalism. The policy provides coverage for risks of physical loss but contains the following limitations under "Property Loss Conditions":

 
9. Vacancy
 
If the building where loss or damage occurs has been vacant for more than 60 consecutive days before that loss or damage, we will:
 
a. Not pay for any loss or damage caused by:
 
(1) Vandalism;
 
(2) Sprinkler leakage, unless you have protected the system against freezing;
 
(3) Building glass breakage;
 
(4) Water damage;
 
(5) Theft; or
 
(6) Attempted Theft.
 
b. Reduce the amount we would otherwise pay for the loss ...

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