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Union Insurance Co. v. Blakeney Palmer Co., LLC

United States District Court, N.D. Alabama, Western Division

January 15, 2015

UNION INSURANCE COMPANY, Plaintiff,
v.
BLAKENEY PALMER CO., LLC, Defendant.

SUPPLEMENTAL MEMORANDUM OPINION.

R. DAVID PROCTOR, District Judge.

In the court's December 12, 2014 Memorandum Opinion, the court did not rule on the section of Plaintiff Union Insurance Company's Motion for Summary Judgment (Doc. # 87) which argues that Union is entitled to summary judgment on Blakeney Palmer's bad faith counterclaim ( see Doc. # 55). The court now addresses that issue.

I. Relevant Undisputed Facts

Union insured Defendant's apartment complex, University Village, located in Tuscaloosa, Alabama, which suffered damage during a tornado on April 27, 2011. (Docs. # 1, 17). Defendant made a claim under its policy with Plaintiff related to the tornado damage. (Doc. # 1). The policy provides in relevant part:

A. Concealment, Misrepresentation or Fraud

This Coverage Part is void in any case of fraud by you as it relates to this Coverage Part at any time. It is also void if you or any other insured, at any time, intentionally conceal or misrepresent a material fact concerning:
1. This Coverage Part;
2. The Covered Property;
3. Your interest in the Covered Property; or
4. A claim under this Coverage Part.

(Doc. # 90-2 at p. 79 (Bates No. 0078)).

Union assigned an adjuster, Mickey Carney, to the claim, and Carney obtained three estimates for the repairs to University Village. (Doc. # 84-1). The estimate from Blakeney Company was the lowest. (Doc. # 84-1). Both the initial and revised estimates received from Blakeney Company state that "Blakeney Company proposes to make all necessary repairs and furnish all labor, materials and equipment for a lump sum of $465, 750.00." (Doc. # 84-2; Doc. # 90-8).

As of July 29, 2011, Union had paid Blakeney Palmer $452, 740.09 for damage repairs to University Village, $12, 408.00 for business personal property, and $294, 313.59 for business income loss and extra expense. (Doc. # 90-10 at pp. 6-13).

After making payments on the Proofs of Loss and other items, on July 29, 2011, Union wrote to Blakeney Palmer and explained that, as part of its claim, Blakeney Palmer had funds available for recoverable depreciation "once you have completed the repairs to the ...


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