United States District Court, W.D. Kentucky, Bowling Green Division
THOMAS B. RUSSELL, Senior District Judge.
Before the Court is Plaintiff State Auto Property and Casualty Insurance Company's ("State Auto") Motion for Summary Judgment. (Docket No. 11.) There is no response to this Motion on the record. For the reasons explained below, the Court GRANTS State Auto's Motion for Summary Judgment.
This declaratory judgment action arises from breach of contract claims made by Christopher Malone against Bragg Septic & Electric ("Bragg Septic"), owned by Daniel Bragg, in a lawsuit filed in the Barren County, Kentucky Circuit Court. The Barren Circuit Complaint alleges that Malone contracted with Clayton Homes for the purchase and installation of a manufactured home, but later discovered that the home was riddled with moisture problems. (Docket No. 1-1 at ¶ 8, 13-17.) The Complaint alleges that Bragg Septic was retained to install the home's septic system but failed to do so in a workmanlike manner. Specifically, Malone's Complaint alleged the following:
1. That Bragg Septic's failure to perform duties specified by the contract in a workmanlike manner caused defects to the home;
2. That Bragg's Septic breached the implied warranties of habitability, workmanlike construction, and merchantability;
3. That Bragg's Septic negligently constructed and installed the home;
4. That Bragg's Septic violated the Uniform State Building Code and the Kentucky Consumer Protection Act; and
5. That Bragg's Septic is liable for punitive damages.
(Docket No. 8, Counts I-VI.)
The State Auto commercial general liability (CGL) policy provides, in relevant part:
a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply.
b. This insurance applies to "bodily injury" and "property ...