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Clayton v. Nationwide Mutual Insurance Co.

United States District Court, D. South Carolina, Orangeburg Division

June 1, 2017

Pansy Clayton, Plaintiff,
v.
Nationwide Mutual Insurance Company, Defendant.

          ORDER AND OPINION

         Defendant Nationwide Mutual Insurance Company (“Defendant”) filed a motion for summary judgment (ECF No. 21) in this action, which, for the reasons below, the court GRANTS.

          I. RELEVANT FACTUAL AND PROCEDURAL BACKGROUND

          On May 25, 2016, Plaintiff Pansy Clayton (“Plaintiff”) filed her action against Defendant in the Court of Common Pleas for Bamberg County (ECF No. 1-1 at 4-7), which Defendant, on July 8, 2016, removed to this court based on the court's diversity jurisdiction (see ECF No. 1 (citing 28 U.S.C. §§ 1332, 1441)). In her complaint, Plaintiff alleges that, in September 2015, she “noticed an accumulation of mold on the ceiling of her home, ” which, she further alleges “was a result of roof damage due to falling tree limbs” that “caus[ed] moisture to accumulate[, ] which was the source of the mold in Plaintiff's home.” (ECF No. 1-1 at 4-5.)

         Plaintiff also alleges in her complaint that she purchased an insurance policy from Defendant, Policy Number 61 39 DP 112756, which provided property and casualty insurance for her home. (See Id. at 4; see also ECF No. 21-2.) As relevant here, the insurance policy stated:

We insure against risk of direct loss to property . . . . However, we do not insure loss:
. . . .
2. caused by:
. . . .
g. constant or repeated seepage or leakage of water or steam over a period of weeks, months, or years from within a . . . heating[ or] air conditioning . . . system [or]
h .....
. . . .
(3) smog, rust or other corrosion, mold, wet or dry rot; [or] . . . .
3. excluded under General Exclusions.

(ECF No. 21-2 at 2.) Under the General Exclusions section, the policy states:

2. We do not insure for loss to property . . . caused by any of the ...

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