Defense Refused

Published: March 14, 2023, 4:06 p.m.

No Coverage if Person Fails to Qualify as an Insured 

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Plaintiff CSAA Fire & Casualty Insurance Company (CSAA) sued Roman  Ramirez and eventually filed a Motion for Summary Judgment. In CSAA Fire  & Casualty Insurance Company v. Roman Ramirez, No. 2:22-cv-00318-RFB-EJY,  United States District Court, D. Nevada (March 10, 2023) the USDC  resolved the coverage issue.  Where the record taken as a whole could not lead a rational trier of  fact to find for the nonmoving party, there is no genuine issue for  trial. If a party fails to properly support an assertion of fact or  fails to properly address another party's assertion of fact the court  may:  give an opportunity to properly support or address the fact; consider the fact undisputed for purposes of the motion; grant summary judgment if the motion and supporting materials -  including the facts considered undisputed - show that the movant is  entitled to it; or issue any other appropriate order. 

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FACTUAL BACKGROUND  

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The Court accepted the following facts as undisputed, based on  Plaintiff's Motion for Summary Judgment and the supporting materials in  the record.  Plaintiff is an insurance company who maintains a homeowner's insurance  policy (\u201cThe Policy\u201d) held by the named insured, Maria M. Armendarez. The policy was in full force and effect on May 4, 2017, and covers the  property located at 2421 Old Forge Lane, Unit 104, Las Vegas, Nevada  89121 (\u201cUnit 104\u201d). While the property covered by the policy was Unit 104, the policy  agreement lists Ms. Maria Armendarez's residence at a different  location, namely 219 La Paz Avenue, Henderson, Nevada 89015.  An incident took place on May 4, 2017 (\u201cthe Incident\u201d) involving  Defendant that resulted in an underlying state court case being filed  against him by Mr. Juan Severin. At the time of the Incident, Unit 104  was being rented out by Ms. Maria Armendarez to an unrelated family of  three individuals: Loraine Gonzalez, Tony Gonzalez, and their child Luke  Gonzalez.

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