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Pronti v. Hanover Ins. Co.

Both Parties' Expert Reports Admissible, Create Fact Dispute Precluding Summary Judgment

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DECISION AND ORDER Plaintiffs James P. Pronti and Kelly A. Pronti (the “Prontis” or “Plaintiffs”) brought this action for the alleged breach of an insurance contract against defendant Hanover Insurance Company (“Hanover” or “Defendant”). First Amended Complaint, May 7, 2019, ECF 11. Defendant initially moved for summary judgment on October 4, 2019. Def. Mot. for Summ. J., Oct. 4, 2019, ECF No. 18. This Court held Defendant’s summary judgment motion in abeyance until discovery was completed. Amended Motion Scheduling Order, February 19, 2020, ECF 36. Discovery has closed, and Plaintiffs now move for partial summary judgment on the issue of liability. Pl. Mot. For Summ. J., Aug. 31, 2021, ECF 54. Before the Court are these opposing motions for summary judgment. For the reasons stated below, the Court denies both motions for summary judgment. BACKGROUND Factual History Plaintiffs are the named insureds under Defendant’s Homeowners Policy number HNS A660053 covering the premises at 14 Moraine Point, Victor, New York 14564 (the “Policy”) for the policy period June 26, 2017, through June 26, 2018. Def. Statement of Facts, 1, Oct. 4, 2019, ECF No. 18-8; Pl. Statement of Facts, 1, Aug. 31, 2021, ECF No. 54-1. On this property, Plaintiffs had a swimming pool and spa, which functioned using a subsurface plumbing system, and were covered with concrete decking. Def. Statement of Facts,

5, 7; Pl. Statement of Facts, 3. At an unknown time between the Fall of 2017 and the Spring of 2018, a subsurface pipe began to leak, preventing the pool from properly functioning. Def. Statement of Facts,

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