Griffin v. Allstate Prop. & Cas. Ins. Co.
| Decision Date | 21 August 2012 |
| Docket Number | CIVIL NO. 2:10 cv 387 |
| Parties | MAURICE GRIFFIN, MITZI GRIFFIN, Plaintiffs v. ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant |
| Court | U.S. District Court — Northern District of Indiana |
This matter is before the court on the Motion for Summary Judgment [DE 25] filed by the defendant, Allstate Property and Casualty Insurance Company, on April 2, 2012; the Motion for Partial Summary Judgment [DE 33] filed by the plaintiffs, Maurice and Mitzi Griffin, on April 2, 2012; and the Motion to Strike [DE 39] filed by the plaintiffs on May 4, 2012. For the reasons set forth below, the Motion for Summary Judgment [DE 25] filed by Allstate is GRANTED; the Motion for Partial Summary Judgment [DE 33] filed by the Griffins is DENIED; and the Motion to Strike [DE 39] is GRANTED.
This case arises out of an October 31, 2009, fire at 252 Morningside Avenue, Gary, Indiana, the home of the plaintiffs, Maurice and Mitzi Griffin. The Gary Fire Department responded to the fire at 10:57 p.m. and found the premises locked and secured.The Gary Fire Department forced entry into the home through the front door and indicated so in its report. The owner of the property, Maurice Griffin, later signed an affidavit stating that there were two other entry points to the premises.
Dwayne Hull, a fire investigator for the Gary Fire Department, investigated the fire at the Griffins' home. Hull observed a one foot by three foot hole cut in the floor of the first floor living room, which Maurice indicates was part of the home's HVAC system. The hole smelled of a petroleum based substance. Hull observed several empty containers in the home that smelled of a petroleum based substance and found a spout from a container in the hole cut into the living room floor. Hull noted an over-whelmingly strong odor in the first floor living and dining rooms. Based on his findings, he concluded that the fire was incendiary by person or persons unknown.
Hull contacted NIPSCO and discovered that the gas service to the home had been shut off at the meter as of April 29, 2009, and the electricity had been shut off at the pole on April 2, 2009. The property owner's wife, Mitzi Griffin, acknowledged in her recorded statement that they did not have electrical service in the home at the time of the fire. She stated that all other utilities, including water, sewer, and gas, were on and the payments current. Mitzi testified that the gas was placed in hername. Mitzi later prepared an affidavit stating that the gas was not placed in her name, instead it was placed in the name of her corporation, Masish's House. Maurice similarly stated that the gas was on at the time of the fire. It previously had been shut off because they were behind on their payments, but it was switched into his wife's name and turned back on. He agreed they had been without electricity since April or May 2009. The information provided by NIPSCO showed that the gas and electric never were restored after the services were shut off and that the natural gas service to the plaintiffs' address never was under any name other than "Oscar M. Griffin."
At the time of the fire, the plaintiffs held an insurance policy for the property with Allstate Property Insurance Company effective July 23, 2009 through July 23, 2010. The policy provided dwelling protection coverage with limits of $420,979, personal property protection coverage with limits of $252,588, and living expense coverage not to exceed $42,098. The policy stated in relevant part:
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The Griffins submitted an insurance claim with Allstate. In response, Allstate retained a certified fire investigator, Ronald Klein of Herbert Analytical Laboratories, Inc., to investigate the fire. Klein conducted an investigation of the fire scene on November 4, 2009. Klein noted that he detected an odor similar to gasoline in separate rooms of the home. Klein determined that the fire originated in multiple areas of the home, including thesecond floor stairway, a second floor foyer, the master bedroom, and the northeast corner bedroom. He found a cotton robe on the living room floor, and laboratory testing revealed gasoline residue on the robe. He noted that gasoline was found in other areas of the home that had not been ignited. Klein determined that the fire was caused by the intentional ignition of gasoline in the areas of origin.
On November 4, 2009, a recorded statement was obtained from Mitzi Griffin. She stated that she, her husband, and their four children lived in the house on the day of the incident. On October 31, 2009, they left their home at 5:00 p.m. to spend the weekend with her oldest daughter and granddaughter. At the time they left, all windows and doors to their home were locked. She stated that they went trick or treating at the malls and arrived at her daughter's apartment between 9:00 and 9:30 p.m. They spent the night at her daughter's apartment October 31, 2009, and Sunday, November 1, 2009.
Maurice Griffin testified in an examination under oath on March 5, 2010. He first stated that he never had been sued as a defendant and did not have any outstanding judgments against him at the time of the loss. He testified that the payments for the water service to their home were current at the time of loss.
On the day of the incident, Maurice stated that he, his wife, and his four children left together in his truck to go to his oldest daughter's apartment. They planned to spend the weekend with his daughter and packed overnight bags. At the time they left, four power pack generators were left in the home, and the home was locked and secured. Maurice, his wife, and two of the children were the only people with keys to his home. They arrived at their daughter's apartment around 6:00 p.m. They did not have a key to their daughter's apartment, but she was home when they arrived. After arriving, they all went trick or treating, but his granddaughter did not have a costume.
Mitzi also submitted to an examination under oath on March 5, 2010. She testified that the gas had been reconnected after it had been placed in her name in August 2009 and that their water service had been terminated because they owed $400. However, it was reinstated when the water service account was placed in her name, and she claimed that the payments were current.
Indiana American Water Company, Inc.'s records show that water service was provided to the plaintiffs' home from October 15, 2004 through August 17, 2009, and the last payment was made on or about May 13, 2009. Water service was terminated August 17, 2009. On August 31, 2009, Indiana American Water received a fax from Mitzi Bass, a tenant at the address, which enclosed alease agreement for the property and asked for the water service to be restored. Water and waste service was restored on September 8, 2009, under the name Mitzi Bass. As of October 31, 2009, there was an unpaid balance of $487.32 on the water service account.
Mitzi also testified that the electric service had been terminated prior to the loss in either April or May 2009. There was an outstanding bill of approximately $5,000. Mitzi also owed approximately $4,000 in medical bills at the time of the loss. She testified that their financial condition was "rocky." It later was discovered that Maurice Griffin was the defendant in a suit pending in the Circuit Court of Cook County and that on June 15, 2009, he had a judgment entered against him in the amount of $1,355.71.
With regard to the events that occurred on the night of the fire, Mitzi testified that when they arrived at their daughter's apartment her daughter was home. She and her family did not pack any type of overnight...
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