Gerow v. State Auto Prop. & Cas. Co.

KIM R. GIBSON, UNITED STATES DISTRICT JUDGE

I. Introduction

Pending before the Court is the Motion for Summary Judgment (ECF No. 24) filed by State Auto Property and Casualty Insurance Company ("Defendant")1 and James and Susan Gerow's ("Plaintiffs") Cross Motion for Partial Summary Judgment (ECF No. 33). This Motion has been fully briefed (see ECF Nos. 24, 25, 26, 30, 31, 32, 33, 34, 35, 36, 39, 41, 42) and is ripe for disposition.

In this breach of contract action, Plaintiffs are suing Defendant, their insurer, for Defendant's failure to pay a property damage claim that arose when Plaintiffs…