Free Motion for Summary Judgment - District Court of Delaware - Delaware

Case 1:07-cv-00431-GMS

Document 21

Filed 03/14/2008

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE JOSEPH JADCZAK AND CATHERINE JADCZAK, Plaintiffs, v. HOMESITE INSURANCE COMPANY, Defendant. ) ) ) ) ) ) ) ) ) )

C.A. No. 07-0431GMS

JADCZAK PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT ON THE "DWELLING" ISSUE Plaintiffs Catherine and Joseph Jadczak respectfully move, pursuant to Federal Rule of Civil Procedure 56, for summary judgment on the "dwelling" issue. Specifically, they ask this Court to hold as a matter of law that: · There is no genuine issue of material fact with respect to the unique nature of the Jadczaks' airpark residence: it consists of not one but two dwelling units, one of which is the residential hangar. · Though the insured property indisputably houses two dwelling units (one being the residential hangar), "Coverage A" speaks only in terms of "[t]he dwelling" in the singular. This is a latent ambiguity, and must be construed against Homesite as the policy's drafter. · The loss of the residential hangar must therefore be covered under "Coverage A," and subject to the policy limits thereunder.

Case 1:07-cv-00431-GMS

Document 21

Filed 03/14/2008

Page 2 of 2

The grounds for this motion are more fully set forth in the accompanying opening brief. Respectfully submitted, /s/ John S. Spadaro John S. Spadaro, No. 3155 John Sheehan Spadaro, LLC 724 Yorklyn Road, Suite 375 Hockessin, DE 19707 (302)235-7745 Michael L. Sensor, No. 3541 Perry & Sensor One Customs House, Suite 560 P.O. Box 1568 Wilmington, DE 19899-1568 (302)655-4482 Attorneys for Plaintiffs Joseph Jadczak and Catherine Jadczak

March 14, 2008

1772

2