Diana v. Western National Assurance Co.

Richard Diana, an insured, appeals from an order granting summary judgment to Western National Assurance Company (Western), an insurer, and dismissing Diana's claim. Diana also appeals the denial of his motion for summary judgment. Western denied coverage to Diana under his homeowner's policy for damages resulting from a contractor's removal of load-bearing walls from Diana's home. We reverse and remand for trial on a factual issue relating to coverage.

Diana purchased an all-risk homeowner's insurance policy from Western. Shortly thereafter, Diana hired a contractor to remodel his house. As a…