· 10/17/1995
Catalina Enterprises, Incorporated Pension Trust v. Hartford Fire Insurance Company, and Jennings Insurance Associates, Incorporated
Citations
- 67 F.3d 63
- 1995 U.S. App. LEXIS 28933
- 1995 WL 606641
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding vacancy exclusion applied because building contained nothing to indicate that it was occupied or being used for its normal purpose – industrial storage
- determining that a warehouse was vacant where the objects left on the premises did not indicate that the building was occupied
- looking to the “broader intention of the parties” to determine whether a policy insured a vacant building
- interpreting vacant to require that a structure be entirely devoid of any contents whatsoever would virtually eliminate the vacancy exclusion from the policy
- “The reason for vacancy exclusions in fire insurance policies is obvious: empty buildings without occupants or activities pose increased fire risks.”
- “It is axiomatic under Maryland law that a court should avoid reading a contract in a way that produces an absurd result, especially when a reasonable interpretation is available.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Ervin, Murnaghan, Niemeyer
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.