T.H.E. Insurance v. Charles Boyer Children's Trust

MEMORANDUM

VANASKIE, District Judge.

Plaintiff T.H.E. Insurance Company (“TIC”) seeks a declaratory judgment that the insurance policy it issued to Defendant Charles Boyer Children’s Trust D/B/A Boyer’s Westwood Lanes does not cover the mud and water damage to its bowling alley following a heavy rainstorm. TIC contends that it is not obligated to cover the loss by reason of the policy’s earth movement and water exclusions.

Presently before the Court are the motion for summary judgment filed by TIC and the motion for partial summary judgment filed by Defendant. (Dkt. Entries 21, 24.) Because the…