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Allegrino v. Conway E & S

October 14, 2010

ANTHONY ALLEGRINO, AS ASSIGNEE OF LIBERTY IMMOBILIARE, INC., PLAINTIFF,
v.
CONWAY E & S, INC., ET AL, DEFENDANTS.



The opinion of the court was delivered by: Judge Nora Barry Fischer

MEMORANDUM OPINION

I. Introduction

In this Memorandum Opinion, the Court will address the parties' dispute regarding whether losses to pro se Plaintiff Anthony Allegrino's*fn1 ("Plaintiff") telecommunications and computer equipment ("electronic equipment")*fn2 are covered under the insurance policies his business, Liberty Immobilaire, Inc., purchased from Defendants Certain Underwriters at Lloyd's, Advent Underwriting Limited, a/k/a Lloyd's Syndicate 780, and Omega Underwriting Agents Ltd., a/k/a Lloyd's Syndicate 958 (collectively, "Underwriters"). Underwriters initially moved to dismiss Plaintiff's breach of contract claims against them to the extent that Plaintiff has alleged that said equipment is covered by the policies but later requested that the Court consider matters outside the pleadings and convert their motion to one for partial summary judgment.*fn3 Transcript of Motion Hearing, 7/29/10 ("Hr'g Trans 7/29/10") at 5. Both parties have presented evidence outside the pleadings for the Court's consideration, including the examination under oath of Plaintiff. (Docket Nos. 210, 219, 222, 223). Therefore, having considered these additional matters, the Court will convert Underwriters' motion to one for partial summary judgment.*fn4 Upon consideration of the parties' submissions, and for the following reasons, the Court finds that the subject policies cover only losses to Plaintiff's real property. Hence, Underwriters' motion for partial summary judgment is granted.*fn5

II. Relevant Factual Background

A. The Property and the Purchase of the Insurance Policies*fn6

Plaintiff*fn7 owns real property and a building at 138 Aurilles Street, Duquesne, Pennsylvania. The property was covered under an insurance policy issued by Underwriters, Policy Number CONW- 51534-07, which provided insurance from May 9, 2007 to May 9, 2008.*fn8 (Docket No. 177-1, Exhibit "A"). The property was then covered under a second policy issued by Underwriters, Policy Number CONW-51636-08, which provided insurance from May 9, 2008 to May 9, 2009. (Docket No. 177-2, Exhibit "B").

The Policies generally contain the same terms and conditions, unless otherwise noted. The Declaration Pages provide that: "This Declaration Page is attached to and forms part of the policy provisions." (Docket No. 187-1 at 2; 187-2 at 2). The Declaration Pages state that coverage is provided for "Real Property," described as a "2 story joisted masonry/vacant building" at 138 Aurilles Street, Duquesne, Pennsylvania.*fn9 (Docket No. 187-1 at 2; 187-2 at 2). The "Amount" of coverage for the property was $80,000 in 2007-2008, which was later increased to $160,000 in 2008-2009.*fn10 (Id.). Further, the Declarations indicate that Plaintiff purchased "Basic" coverage. (Id.).

The specific terms and conditions regarding the coverage provided are as follows:

A. COVERAGE

We will pay for direct physical loss of or damage to Covered Property at the premises described in the Declarations caused by or resulting from any Covered Cause of Loss.

1. Covered Property

Covered Property as used in this Coverage Part, means the type of property described in this section, A.1., and limited in A.2., Property Not Covered, if a Limit of Insurance is shown in the Declarations for that type of property.

a. Building, meaning the building or structure described in the Declarations, including:

(1) Completed additions;

(2) Fixtures, including outdoor fixtures;

(3) Permanently installed:

(a) Machinery and

(b) Equipment;

(4) Personal property owned by you that is used to maintain or service the building or structure or its premises, including:

(a) Fire extinguishing equipment;

(b) Outdoor furniture;

(c) Floor coverings;

(d) Appliances used for refrigerating, ventilating, cooking, dishwashing or laundering;

(5) If not covered by other insurance:

(a) Additions under construction, alterations and repairs to the building or structure;

(b) Materials, equipment, supplies and temporary structures, on or within 100 feet of the described premises, use for making additions, alterations or repairs to the building or structure.

b. Your Business Personal Property located in or on the building described in the Declarations or in the open (or in a vehicle) within 100 feet of the described premises, consisting of the following unless otherwise specified in the Declarations or on the Your Business Personal Property - Separation of Coverage Form.

(1) Furniture and fixtures;

(2) Machinery and equipment;

(3) "Stock";

(4) All other personal property owned by you and used in your business;

(5) Labor, materials or services furnished or arranged by you on personal property of others;

(6) Your use interest as tenant in improvements and betterments are fixtures, alterations, installations or additions:

(a) Made a part of the building or structure you occupy but do not own; and

(b) You acquired or made at your expense but cannot legally remove;

(7) Leased personal property for which you have a contractual responsibility to Insure, unless otherwise provided for under Personal Property of Others.

(Docket Nos. 187-1 at 20; 187-2 at 20). The amount of coverage was limited in the Policies, ...


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