Jackson v. American Mutual Fire Insurance

MEMORANDUM OPINION

GORDON, District Judge.

This case was instituted by the plaintiff to recover for damages to plaintiff’s dwelling and contents situated therein, under a Homeowner’s Insurance Policy issued by the defendant, by reason of the overflow of raw sewage from within the plumbing system in plaintiff’s home.

Plaintiff contends that her loss is covered in paragraphs numbered 4 and 15 of defendant’s policy under the heading “Perils Insured Against.” Defendant contends that Paragraph 4 of its policy is inapplicable and that under the “Special Exclusions” provision of its policy, defendant…