West American Insurance v. Hernandez

OPINION AND ORDER

AIKEN, District Judge:

On September 27, 2007, plaintiff West American Insurance Company filed a complaint seeking a declaration of its rights under a Homeowner’s Insurance Policy (“the policy”) it issued to defendant Justin Hernandez (“J. Hernandez”). Defendant Chase Home Finance, LLC, (“Chase”) was a covered mortgagee under the policy. Plaintiff contends that under the terms of the policy it is required to compensate neither Chase nor J. Hernandez and his wife, defendant Daniela Hernandez (“D. Hernandez”), (collectively, “the Hernandezes”) for losses incurred in a January…