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Windridge of Naperville Condominium Association v. Philadelphia Indemnity Insurance Co.

United States Court of Appeals, Seventh Circuit

August 7, 2019

Windridge of Naperville Condominium Association, Plaintiff-Appellee,
v.
Philadelphia Indemnity Insurance Company, Defendant-Appellant.

          Argued March 27, 2019

          Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. l:16-CV-3860 - Gary Feinerman, Judge.

          Before Easterbrook, Kanne, and Hamilton, Circuit Judges.

          HAMILTON, CIRCUIT JUDGE

         This appeal presents an insurance coverage dispute between Windridge of Naperville Condominium Association and Philadelphia Indemnity Insurance Company. On May 20, 2014, a hail and wind storm damaged buildings owned by Windridge. The buildings were insured by Philadelphia Indemnity. The storm physically damaged the aluminum siding on the buildings' south and west sides. Philadelphia Indemnity contends that it is required under the insurance policy to replace the siding only on those sides. Windridge argues that replacement siding that matches the undamaged north and east elevations is no longer available, so Philadelphia Indemnity must replace the siding on all four sides of the buildings so that all of the siding matches. The district court granted summary judgment to Windridge on that coverage issue. We affirm.

         I. Factual & Procedural Background

         We review the factual record in the light reasonably most favorable to Philadelphia Indemnity as the non-moving party. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986); Yahnke v. Kane County, 823 F.3d 1066, 1070 (7th Cir. 2016). For starters, the parties agree that the insurance policy was in effect on May 20, 2014, when the hail and wind storm damaged Windridge's buildings. They also agree that the storm directly damaged the siding only on the buildings' south and west sides. Philadelphia Indemnity has already paid $2.1 million to Windridge for that damage. Windridge seeks additional money to replace the siding on the north and east sides because matching siding is no longer available for purchase. Windridge argues it is entitled under the policy to have the buildings repaired so that, as before the storm, the siding matches on all sides. Philadelphia Indemnity has refused to pay for these additional costs and argues that the policy requires payment only to replace siding that was directly hit and damaged by the hail and wind.

         A. The Insurance Policy

         We start with the text of the insurance policy. Under the coverage provision, Philadelphia Indemnity must "pay for direct physical 'loss' to Covered Property caused by or resulting from any of the Covered Causes of Loss." "Covered Property ... means/' among other things, the "'Buildings' described in the Declarations." "'Buildings' means buildings or structures." "'Loss' means accidental loss or damage." The policy's loss valuation provision provides:

7. Valuation
We will determine the value of Covered Property in the event of "loss" as follows:
a. At replacement cost (without deduction for depreciation) as of the time of "loss" ...
(1) We will not pay more for "loss" on a replacement costs basis than the least of:
(a) The Limit of Insurance applicable to the lost or damaged property;
(b) The cost to replace the lost or damaged property with other property:
(i) Of comparable material and quality; and
(ii) Used for the same purpose; or
(c) The amount you actually spend that is necessary to repair or replace the lost ...

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