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Berkshire Hathaway Homestate Insurance Co. v. Basham

Court of Appeals of Indiana

October 16, 2018

Berkshire Hathaway Homestate Insurance Company, Appellant-Defendant,
v.
Christina Basham d/b/a Basham Family, L.P., Appellee-Plaintiff, Voldico, LLC, Andrew Vollmer, Standard Agencies, Inc., and Carol J. Jenkinson, Defendants.

          Appeal from the Madison Circuit Court Trial Court Cause No. 48C04-1704-PL-38 The Honorable David A. Happe, Judge, The Honorable Kevin M. Eads, Magistrate Judge

          Attorney for Appellant Stephen C. Wheeler Smith Fisher Maas Howard & Lloyd, P.C. Indianapolis, Indiana

          Attorneys for Appellee Thomas M. Beeman Beeman Law Anderson, Indiana

          NAJAM, JUDGE

         Statement of the Case

         [¶1] Berkshire Hathaway Homestate Insurance Company ("Berkshire Hathaway") appeals the trial court's denial of its motion for partial summary judgment and grant of summary judgment for Christina Basham d/b/a Basham Family, L.P. ("Basham") on Basham's complaint, which alleged that Berkshire Hathaway had wrongfully denied insurance coverage on a detached garage.[1] Berkshire Hathaway raises one issue for our review, namely, whether the trial court erred when it denied its motion for summary judgment and entered summary judgment for Basham.[2]

         [¶2] We affirm.

         Facts and Procedural History

         [¶3] Basham owns fifteen rental properties. Basham obtained an insurance policy from Berkshire Hathaway to cover the rental properties, which was effective from November 17, 2016, until November 17, 2017. The insurance policy provided, in relevant part, as follows:

         A. Coverage

[Berkshire Hathaway] 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 ...

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