Employers Mutual Casualty Company and Hamilton Mutual Insurance Company v. John Skoutaris, D/B/A Open Flame Restaurant

MANION, Circuit Judge.

On April 7, 2000, a fire ravaged the Open Flame Restaurant (“Open Flame”), a Valparaiso, Indiana establishment owned and operated by John Skoutaris. Hamilton Mutual Insurance Company (“Hamilton Mutual”), a subsidiary of Employers Mutual Casualty Company, insured the building, business personal property, and business lost income. Hamilton Mutual, an Ohio corporation with its principal place of business in Ohio, filed a declaratory judgment action in 2001 in the Northern District of Indiana, claiming that Skoutaris failed to abide by the insurance policy provisions…