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In its motion for summary judgment, Mid-Continent argues that the damages for which Key Custom seeks coverage are purely economic damages that are not covered by the CGL Policy. Mid-Continent focuses on the fact that Key Custom is admittedly seeking coverage to satisfy various breach of contract claims made by the Hunt Family, subcontractors, vendors, and others. Key Custom is not seeking coverage to repair the destroyed home, nor is it seeking to be indemnified for any tort claim made against it or any other entity for whom it might be responsible under tort or contract law. Rather, Key Custom is seeking coverage for money that it owes to the Hunt Family and other third parties as contractual obligations, and Key Custom intends to use the insurance proceeds to pay those obligations. Deemed to occur at the time of the physical injury that caused it." See CGL Policy, Section V, § 17. It includes damages flowing from an "insured contract," which is defined, in relevant part, as "that part of any other contract or agreement pertaining to your business .
We generally recommend hiring a contractor with a score higher than 95. There are no reported instances of slow payment in the last 12 months for Turn Key Custom Homes, LLC . You can continue to browse their payment performance and typical contract terms.
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If you are thinking of hiring Key Custom Homes Inc, we recommend double-checking their license status with the license board and using our bidding system to get competitive quotes. As the Supreme Court held in Celotex Corp. v. Catrett, 477 U.S. 317 , the moving party bears the initial burden of establishing the nonexistence of a triable issue of fact. If the movant is successful on this score, the burden of production shifts to the non-moving party who must then come forward with "sufficient evidence of every element that he or she must prove."Rollins v. Techsouth, 833 F.2d 1525, 1528 (11th Cir. 1987).
As a matter of policy, BBB does not endorse any product, service or business. When considering complaint information, please take into account the company's size and volume of transactions, and understand that the nature of complaints and a firm's responses to them are often more important than the number of complaints. For the reasons set forth in Mid-Continent's reply brief (Doc. 48), the Court also rejects Key Custom's effort to create liability for the fire by invoking the doctrine of res ipsa loquitur. A copy of the denial letter is attached as Exhibit C to Key Custom's Amended Complaint (Doc. 42).
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The Hunt Family does not allege any tort-based claims, nor does it seek recovery for the destruction or loss of use of any tangible property. "Tort liability" is defined as "a liability that would be imposed by law in the absence of any contract or agreement." Id., § 9.f. Key Custom made a timely claim under its builder's risk policy. The builder's risk policy paid Key Custom up to the policy limits, approximately $820,000.
However, BBB does not verify the accuracy of information provided by third parties, and does not guarantee the accuracy of any information in Business Profiles. Key Custom Homes is a leading custom building & design firm in North Texas. The team has been in business since 1982 and specializes in both residential and commercial building. BuildZoom is a database of every licensed contractor in the United States.
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Thus, even if the Court were to decide that this provision was ambiguous and construed it in favor of Key Custom, it is completely irrelevant. Key Custom's obligations did not arise from the damage to the Groveland Project, but rather from Key Custom's regular business dealings and contract negotiations. The fact that Key Custom lost the asset upon which it was relying to make these payments is insufficient to fairly bring Key Customs' claim within the CGL Policy's definition of "property damage."
However, "here the interpretation urged is not only strained, but would encompass a risk not contemplated by the kind of policy issued nor intended to be undertaken by the company, the insurer is entitled to that fair construction which reflects the understanding of the parties. . . ." Old Republic Ins. Co. v. West Flagler Assocs., Ltd., 419 So.2d 1174, 1177 (Fla. 3d Dist.Ct.App. 1982) (quoting Temco Metal Products Co. v. St. Paul Fire Marine Ins. Co., 543 P.2d 1, 2 (Or. 1975) ). Here, the risk of covering the claims alleged by Key Custom simply was not contracted for by the parties. Apparently, various subcontractors and vendors placed liens against the property following the fire, and the Hunt Family sought repayment from Key Custom pursuant to their agreement and to clear the title to the land.
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Excludes from coverage "bodily injury" or "property damage" that the insured is obligated to pay by reason of assumption of liability in a contract or agreement. Excludes from coverage "property damage" to property the insured owns, rents, or occupies, including any costs or expenses to repair, replace, enhance, restore, or maintain such property for any reason. Excludes from coverage "property damage" to real property on which the insured, or any contractors or subcontractors working on behalf of insured, perform any operations, if the "property damage" arises out of the operations. Excludes from coverage real property that the insured must restore, repair or replace because the insured's work on the real property was incorrectly performed. Excludes from coverage any "property damage" to the insured's own "product." Although the various claims against Key Custom may be traced, from Key Custom's point of view, to the property damage to the Groveland Project caused by fire, they are separate and independent claims which have their basis in either statute or common law .
However, the policy did not defray all the costs incurred by Key Custom from the loss of the Groveland Project. Rather, Key Custom seeks monetary compensation in the amount of approximately $1,000,000. The central issue is whether the losses suffered by the Plaintiff resulting from a fire that completely destroyed a construction project are covered by the Defendant's Commercial General Liability Policy. The Court finds that Florida law dictates the conclusion that the Plaintiff's claims for coverage under the insurance policy are without merit, and the Defendant's motion for summary judgment is due to be granted.
The non-moving party may not simply rest on the pleadings, but must use affidavits, depositions, answers to interrogatories, or other admissible evidence to demonstrate that a material fact issue remains to be tried. The CGL Policy is considered "excess insurance" over and above any fire, extended coverage, or builder's risk insurance policies. In other words, Key Custom was required to seek compensation from its other policies before seeking compensation from Mid-Continent.
While at the motion to dismiss stage, the Court will take all allegations in a plaintiff's complaint as true, we are now at the summary judgment stage, where the Court must take the entire record, including all affidavits, depositions, and documentary evidence into consideration. Although Key Custom alleges in its Amended Complaint that its claim arise from property damage, it is clear after reviewing the entire record, and in particular the depositions of Key Custom's officers, that Key Custom's claims arise from either statutory liens or breaches of various contracts. This is an action for declaratory judgment concerning the rights and obligations of the parties under a written contract — a policy of insurance. The case began in state court, but was removed to this Court on the basis of diversity of citizenship. It is presently before the Court on the Parties' cross-motions for summary judgment (Docs. 19, 35, 44), to which each side has filed a response in opposition (Docs. 26, 40, 46). The CGL Policy covers "those sums that the insured becomes legally obligated to pay as damages because of `bodily injury' or `property damage' to which this insurance applies." Section I, § 1.a.
The best way to use BuildZoom is to let us recommend contractors for your remodeling projects. A licensed contractor in Georgia must have 2 years of experience, and pass a Georgia business and law exam. A contractor is required to take 3 hours of continuing education each year to maintain a license. TypeContractorAccording to the The City of Keller, TX, the status of this license was at one point cancelled.
BuildZoom does the homework for you and helps you hire the right contractor. If you are thinking of hiring Key Custom Homes, Inc, we recommend double-checking their license status with the license board and using our bidding system to get competitive quotes. Their BuildZoom score of 109 ranks in the top 5% of 222,249 Texas licensed contractors. Turn Key Custom Homes, LLC has worked on 0 jobs in the last 12 months. This contractor scores a C for payment and ranks in the top 60% of small U.S. contractors.
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See Exhibit A to Mid-Continent's Motion for Summary Judgment (Doc. 44). Before hiring a contractor in Georgia, be sure to get at least 3 detailed bids. Quality contractors will take the time to explain their budget proposal, and help guide you through the estimate process.
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