United States Sixth Circuit

In an action brought against defendant-insurer by a seasonal hotel insured under an "all risk" policy raising claims for water and wind damage losses sustained to its building, summary judgment for defendant is affirmed where: 1) the record without dispute established that continuous or repeated seepage or leakage of water over a period of at least fourteen days caused the damages to the insured hotel; and 2) this cause came within a policy exclusion

Appellate Information

• Decided 12/23/2008
• Published 12/23/2008

Judges

• Before MOORE, GRIFFIN, and BRIGHT, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Raymond W. Morganti, Siemion, Huckabay, Bodary, Padilla, Morganti & Bowerman, Southfield, Michigan, for Appellant.  Matthew J. Thomas, Rutledge, Manion, Rabaut, Terry & Thomas, Detroit, Michigan, for Appellee.   ON BRIEF:  Raymond W. Morganti, Siemion, Huckabay, Bodary, Padilla, Morganti & Bowerman, Southfield, Michigan, for Appellant.  Matthew J. Thomas, Alvin A. Rutledge, Rutledge, Manion, Rabaut, Terry & Thomas, Detroit, Michigan, for Appellee.