Mohammed Ashraf, M.D., by counsel David A. Jividen, Chad C.
Groome, and John R. Angotti, appeals the April 24, 2018,
amended order of the Circuit Court of Marion County granting
the motion for summary judgment filed by Respondent State
Auto Property and Casualty Company ("State Auto")
and denying petitioner's motion for partial summary
judgment on petitioner's claim that State Auto waived the
application of the vacancy provision set forth in an
insurance policy that petitioner purchased to cover certain
real property. State Auto, by counsel Trevor K. Taylor, filed
a response in support of the circuit court's order.
Court has considered the parties' briefs and the record
on appeal. The facts and legal arguments are adequately
presented, and the decisional process would not be
significantly aided by oral argument. Upon consideration of
the standard of review, the briefs, and the record presented,
the Court finds no substantial question of law and no
prejudicial error. For these reasons, a memorandum decision
affirming the circuit court's order is appropriate under
Rule 21 of the Rules of Appellate Procedure.
is a medical doctor who also invests in real estate. He and
his wife purchased a certain building in Fairmont, West
Virginia, in 1997 at a tax sale. The building had previously
been converted from a private home to an assisted living
facility and petitioner and his wife continued to operate it
as such until 2006, when they closed the business.
Thereafter, petitioner's efforts to rent out the building
did not materialize and the building became vacant.
2009, the building was broken into and vandalized. At the
time, the building was covered by an insurance policy by
State Auto. The State Auto policy provided, in part,
pay for direct physical loss of or damage to Covered Property
at the premises described in the Declarations caused by or
resulting from any Covered Loss. . . . .
following conditions apply in addition to the Common Policy
Conditions and the Commercial Property Conditions. . . . .
. . . .
building where loss or damage occurs has been vacant for more
than 60 consecutive days before that loss or damage occurs
(1) We will not pay for any loss or damage caused by any of
the following even if they are Covered Causes of Loss:
(b) Sprinkler leakage, unless you have protected the system