Tracy Holdings LLC v. W. Bend Mut. Ins. Co.

SUE E. MYERSCOUGH, U.S. District Judge.

This cause is before the Court on Plaintiff Tracy Holdings LLC's Motion for Summary Judgment (d/e 24) and Defendant West Bend Mutual Insurance Company's Motion for Summary Judgment (d/e 35). The mend the hold and waiver doctrines do not preclude Defendant from relying on the Continuous or Repeated Seepage or Leakage of Water exclusion. Because the undisputed facts show that the exclusion applies, the damage to Plaintiff's property is not covered under the insurance policy. Therefore, Defendant's Motion for Summary Judgment is GRANTED, and Plaintiff's…