Fidelity & Guaranty Insurance Underwriters, Inc. v. Allied Realty Co.

The question for decision in this appeal is whether coverage exists under a multi-peril insurance policy. Three issues are raised: (1) whether the loss suffered by the insured was required to be and, as a matter of law was, fortuitous in nature; (2) whether the loss specifically was excluded from coverage under the terms of the policy; and (3) whether the damage award improperly included elements beyond the scope of the policy.

Allied Realty Company, Ltd. (Allied) filed a motion for judgment against Fidelity and Guaranty Insurance Underwriters, Inc. (F&G) alleging that damage to its warehouse…