Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Inc. v. Capitol Indemnity Corp.

United States District Court, E.D. Michigan, Southern Division

December 29, 2016

ROMEO'S PARTY STORE, INC., Plaintiff,
v.
CAPITOL INDEMNITY CORPORATION, Defendant.

          OPINION AND ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (DKT. 19)

          TERRENCE G. BERG, UNITED STATES DISTRICT JUDGE

         I. INTRODUCTION

         Plaintiff, unsatisfied with the money recovered for property losses under an insurance policy with Defendant, sued for more. As the lawsuit progressed, Defendant learned that Plaintiff was not the owner of the insured property despite having represented on the application for insurance that it was. Defendant now moves for summary judgment on both Plaintiff's claims and its own counterclaim. For the reasons stated below, Defendant's motion is GRANTED.

         II. BACKGROUND

         On June 12, 2014, Plaintiff was operating a party store in Unit 2 of a multi-unit building located at 70951 Van Dyke Road in Romeo, Michigan when the unit was damaged by fire. Dkt. 19, Pg. ID 106. At that time, Plaintiff had an insurance policy with Defendant. Dkt. 19, Pg. IDs 106, 109.

         After the fire, Plaintiff submitted an insurance claim, and Defendant paid Plaintiff $175, 088.81 for business personal property loss and business income loss. Dkt. 19, Pg. ID 106. Plaintiff was not satisfied with its recovery, however, and filed this lawsuit seeking to recover an additional $99, 894.18 for improvements and betterments including acoustical treatment, electrical work, heating and cooling work, and other things. Dkt. 19, Pg. ID 106.

         During discovery, Defendant learned that Plaintiff did not own Unit 2. On the application for insurance, however, Plaintiff had marked the box for “owner.”

         Image Omitted

         Dkt. 19, Ex. 10, p. 10. In fact, Plaintiff, the corporate entity Romeo's Party Store, Inc., had never owned Unit 2; Vinisia Bahoura, who owned Plaintiff, had herself purchased Unit 2 on a land contract in 2010 but lost the property to Fifth Third Bank.

         Indeed, Fifth Third became the owner of Unit 2 more than two years before Plaintiff applied for insurance. Dkt. 19, Pg. ID 110. Fifth Third's ownership came to pass as follows:

Prior to 2010: George Adams owned all units at 70951 Van Dyke Rd., but had loans with Fifth Third
2010: Vinisia Bahoura, owner of Plaintiff, purchased Unit 2 from Adams via land contract
2011: Adams defaulted on loans with Fifth Third, and a foreclosure receiver was appointed
2011: Foreclosure receiver notified Bahoura of Adams's default, and requested that land contract payments be made to Fifth Third. Bahoura did ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.