Admiral Insurance Co. v. American National Savings Bank

918 F. Supp. 150 (1996)

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Admiral Insurance Co. v. American National Savings Bank

United States District Court for the District of Maryland
918 F. Supp. 150 (1996)

Facts

American National Savings Bank (the bank) (defendant) had an insurance policy with Admiral Insurance Co. (Admiral) (plaintiff). The policy covered the bank’s residential property for certain losses but not commercial property. Residential property was defined as a building used for dwelling purposes by not more than four families, and commercial property was defined as a nonresidential building. The bank foreclosed on an apartment building with 12 units in Maryland, and the building was added to the bank’s policy with Admiral. The apartment building later suffered water damage, and the bank filed a claim with Admiral for $138,000. In the claim, the bank described the building as residential occupied. Admiral sent an insurance adjuster to examine the building, and the insurance adjuster described the building in his report as tenant occupied in 12 one-family units. Admiral paid the full amount of the claim, but later discovered that the building should have been classified as commercial rather than residential and therefore excluded from coverage. Admiral sued the bank for restitution of the $138,000 payment and moved for summary judgment.

Rule of Law

Issue

Holding and Reasoning (Harvey, J.)

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