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Geiman v. Northern Kentucky Water District

United States District Court, E.D. Kentucky, Northern Division, Covington

March 3, 2014

RICHARD GEIMAN, Plaintiff,
v.
NORTHERN KENTUCKY WATER DISTRICT, ET AL., Defendants.

MEMORANDUM OPINION & ORDER

WILLIAM O. BERTELSMAN, District Judge.

This is an insurance coverage dispute that was removed from state court pursuant to this Court's diversity jurisdiction. The full procedural history of the case can be found in an earlier Memorandum Opinion and Order of the Court. See Doc. 18.

The case arose out of damages to plaintiff's home, yard, and personal property resulting from a leaking water district supply line. Although several defendants were named in plaintiff's complaints, the sole remaining defendant is ACA Insurance Company d/b/a AAA Fire & Casualty Insurance Company ("AAA"), plaintiff's homeowner's insurance carrier.

This matter is now before the Court on cross motions for summary judgment by plaintiff and AAA regarding coverage under the policy in question for the damages to plaintiff's home and property. (Docs. 5-3, 5-4, 5-5).[1] The Court previously heard oral argument from the parties in conjunction with another motion, see Doc. 18, and it concludes that further oral argument is unnecessary.

The Court therefore issues the following Memorandum Opinion and Order.

Factual Background

The material facts herein are not in dispute and may be briefly summarized.

Plaintiff Richard Geiman ("Geiman") owns a home in Alexandria, Kentucky. In 2008, Geiman noticed that water had begun to pool in the yard to the side of his house. When the yard remained saturated even during dry spells, Geiman suspected a leaking water line and called the Northern Kentucky Water District ("NKWD"). NKWD personnel inspected the area but reported that they found no leak.

Despite efforts by Geiman to reduce the water accumulation in his yard, the problem grew worse. In 2010, a second pool of water appeared to the side of the house, and sinkholes developed in the front yard.

In August, 2011, water began to flow into Geiman's basement, draining into a floor drain and causing mold to grow.

In March 2012, Geiman filed an insurance claim with AAA. (Doc. 5-3 at 52)[2] (Property Loss Notice). Following an investigation, including a property inspection, AAA denied the claim by letter dated April 24, 2012. (Doc. 5-5 at 69-81).

After Geiman again contacted NKWD, a second inspection revealed a small hole in Geiman's water meter. When the hole was repaired, the water leakage ceased.

Geiman filed suit in October 2012 in Campbell Circuit Court, after which the case ...


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