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Gerald H. Phipps, Inc. v. Travelers Property Casualty Company of America

United States District Court, D. Colorado

January 8, 2016

GERALD H. PHIPPS, INC. d/b/a GH Phipps Construction Company, a Colorado corporation, Plaintiff,
v.
TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, a Connecticut corporation, Defendant.

ORDER

PHILIP A. BRIMMER, UNITED STATES DISTRICT JUDGE.

This matter is before the Court on the Motion for Summary Judgment [Docket No. 50] filed by defendant Travelers Property Casualty Company of America (“Travelers”). The Court has jurisdiction pursuant to 28 U.S.C. § 1332.

I. BACKGROUND[1]

This case involves insurance coverage under a Builder’s Risk Policy (the “policy”) that Travelers issued to plaintiff Gerald H. Phipps, Inc. (“GHP”), a construction company, for the period from October 1, 2011 to October 1, 2012. Docket No. 50 at 3, Statement of Undisputed Material Fact (“SUMF”) 1-2; Docket No. 50-1 at 2. In terms of the scope of coverage, the policy provides, in relevant part, as follows:

A. COVERAGE

We will pay for direct physical loss of or damage to Covered Property from any of the Covered Causes of Loss.

1. Covered Property
Covered Property, as used in this Coverage Part, means “Builders’ Risk.”. . .

Docket No. 50-1 at 18. “Builders’ Risk, ” in turn, is defined as:

Property described in the Declarations under “Builders’ Risk” owned by [plaintiff] or for which [plaintiff is] legally liable consisting of:

a. Buildings or structures including temporary structures while being constructed, erected or fabricated at the “job site”; b. Property that will become a permanent part of the buildings or structures at the “job site”:
(1) While in transit to the “job site” or temporary storage location;
(2) While at the “job site” or at a temporary storage location. “Builders’ ...

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