Quaker Hills, LLC v. Pacific Indemnity Co.

KEARSE, Circuit Judge:

Defendant Pacific Indemnity Co. (“Pacific”), which issued a $14,388,000 fire insurance policy to plaintiff Quaker Hills, LLC (“Quaker Hills”), on a custom-built home that was destroyed by fire during the policy period, appeals from so much of a final judgment of the United States District Court for the Southern District of New York, Deborah A. Batts, Judge, as granted summary judgment to Quaker Hills on its claim for a declaratory judgment that an apportionment-of-loss clause in the policy, purporting to reduce Pacific’s total liability to 38 percent of any covered loss,…