Katopothis v. Windsor-Mount Joy Mutual Insurance Co., No. 16-7132 (D.C. Cir. 2018)Annotate this Case
The DC Circuit vacated its previous opinion and substituted the following opinion.
Homeowners filed suit against their insurance company for breach of contract when the company refused to cover flood damage to homeowners' residence. Homeowners also filed suit against their cleaning-and-restoration company for failing to adequately remedy the damage and prevent mold. The district court granted summary judgment for the insurance company and transferred the remaining claim to the district court based on lack of personal jurisdiction. The DC Circuit held that it lacked jurisdiction to review the transfer order. The court affirmed the grant of summary judgment, holding that homeowners' claim against the insurance company failed under Delaware law where there was no dispute that homeowners were away from their beach home for over 72 hours, which under the clear terms of the policy means the flooding occurred while the house was "unoccupied."
This opinion or order relates to an opinion or order originally issued on July 31, 2018.