Capitol Property Management Corporation v. Nationwide Property and Casualty Insurance Company et al, No. 1:2016cv00664 - Document 46 (E.D. Va. 2017)

Court Description: MEMORANDUM OPINION AND ORDER that Plaintiff Capitol Property Management Corporation's Motion for Summary Judgment (Dkt. 35) is DENIED; IT IS FURTHER ORDERED that Defendants Nationwide Property & Casualty Insurance Company, Nationwide Mutual Insurance Company, and Nationwide Mutual Fire Insurance Company (together, "Nationwide")'s Motion for Summary Judgment (Dkt. 38) is GRANTED. Signed by District Judge Gerald Bruce Lee on 06/05/2017. (jlan)

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Capitol Property Management Corporation v. Nationwide Property and Casualty Insurance Company et al Doc. 46 IN TE UNITED STATES DISTRICT COURT FOR THE EASTEN DISTRICT OF VIRGINIA ALENDRIA DIVISION CAPITOL PROPERTY MANAGEMENT CORPORATION, Plaintif V. ) ) ) ) ) ) ) Case No. 1: 16-cv-00664-GBL-MSN NATIONWIDE PROPERTY AND ) CASUALTY INSURNCE COMPANY, et al.) Deendnts. ) ) MEMOANDUM OPINION AND ODER THIS MATTER is beore the Court on Plaintif Capitol Property Mnagement Coporation ("Capitol")'s Motion or Summy Judgment (Dkt. 35), nd Deendnts Nationwide Property & Casualty Insurance Compny, Nationwide Mutual Insurnce Company, nd Nationwide Mutual Fire Insurnce Company (together, "Nationwide")'s Motion or Summary Judment Dt. 38). This case involves a breach of contract action conceing the scope of insnce coverage provided by Nationwide to Gunston Comer Condomiium Association (he "Association''), a condominim association that hired Capitol to serve as propety mnager. The main issue beore the Court is whether the insurnce policy (the "Policy") underlying is litigation requires Nationwide to pay Capitol or costs incurred by Capitol in connection wih he tems of a Mnagement Areement entered into by Capitol and the Association. Speciically, the Court must detemine what constitutes n "extra expense" under the Policy. The Cout GRNTS Deendants' Motion or Summary Judment and DENIES Plainti's Motion or Summary or our reasons. First, Capitol lacks standing to assert its claim or he Consruction Management Fee because the Association never assigned the riht to this Dockets.Justia.com

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