Essex Insurance v. Fidelity & Guaranty Insurance Underwriters, Inc.

SUTTON, Circuit Judge.

Essex Insurance filed this action seeking a declaration that its contract with Allstate Roofing & Paving excludes coverage for water damage caused by a storm that arose while the company was replacing a roof. Because Essex has not established that any of the coverage exclusions in Allstate Roofing’s policy apply, we affirm.

I

On June 23, 2001, Peppina’s Restaurant, located in Lincoln Park, Michigan, agreed to pay Allstate Roofing $22,000 to replace its existing roof with a membrane roof. Membrane roofs, the parties tell us, frequently are used to cover flat roofs, often…