Capitol Property Management Corporation v. Nationwide Property and Casualty Insurance Company et al

Filing 46

MEMORANDUM OPINION AND ORDER that Plaintiff Capitol Property Management Corporation's Motion for Summary Judgment (Dkt. 35) is DENIED; IT IS FURTHER ORDERED that Defendants Nationwide Property & Casualty Insurance Company, Nationwide Mutual Insurance Company, and Nationwide Mutual Fire Insurance Company (together, "Nationwide")'s Motion for Summary Judgment (Dkt. 38) is GRANTED. Signed by District Judge Gerald Bruce Lee on 06/05/2017. (jlan)

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
ALEXANDRIA DIVISION
CAPITOL PROPERTY MANAGEMENT
CORPORATION,
Plaintiff
V.

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Case No. 1: 16-cv-00664-GBL-MSN

NATIONWIDE PROPERTY AND
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CASUALTY INSURANCE COMPANY, et al.)
Defendants.

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MEMORANDUM OPINION AND ORDER
THIS MATTER is before the Court on Plaintiff Capitol Property Management
Corporation ("Capitol")'s Motion for Summary Judgment (Dkt. 35), and Defendants Nationwide
Property & Casualty Insurance Company, Nationwide Mutual Insurance Company, and
Nationwide Mutual Fire Insurance Company (together, "Nationwide")'s Motion for Summary
Judgment (Dkt. 38). This case involves a breach of contract action concerning the scope of
insurance coverage provided by Nationwide to Gunston Comer Condominium Association (the
"Association''), a condominium association that hired Capitol to serve as property manager.
The main issue before the Court is whether the insurance policy (the "Policy") underlying
this litigation requires Nationwide to pay Capitol for costs incurred by Capitol in connection with
the terms of a Management Agreement entered into by Capitol and the Association. Specifically,
the Court must determine what constitutes an "extra expense" under the Policy.
The Court GRANTS Defendants' Motion for Summary Judgment and DENIES
Plaintiff's Motion for Summary for four reasons. First, Capitol lacks standing to assert its claim
for the Construction Management Fee because the Association never assigned the right to this