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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND CAREN CARNEY, ET AL. * * v. * Civil No. JFM-04-3434 * ASSURANCE COMPANY OF AMERICA * ***** MEMORANDUM Caren M. Carney and Jane O'Neill have brought this action for breach of contract and a declaratory judgment against Assurance Company of America.1 Defendant provided a builder's risk insurance policy covering a new home that plaintiffs were having constructed, and plaintiffs claim that certain damages they have suffered are covered by the policy. Defendant has filed a motion for summary judgment. The motion will be granted.2 I.

In August 2001, Plaintiffs contracted with Melvin Merritt, a general contractor, for construction of a deck house, which consisted of extensive cedar wood siding on the exterior and interior of the dwelling. Merritt contracted with Mark Good, a subcontractor, to paint and treat the wood with a preservation product. In January 2003, Plaintiffs "first learned that as the result of poor workmanship performed by Merritt's painting subcontractor, the wood siding was

Plaintiffs originally instituted this action in the Circuit Court for Anne Arundel County, Maryland, and it was removed to this court by defendant on the basis of the parties' diversity of citizenship. Also pending are a motion to compel discovery filed by plaintiff and a motion to strike the motion to compel filed by defendant. Any response that defendant might make to the discovery requests in question would not affect my ruling on defendant's summary judgment motion. Therefore, both the motion to compel and the motion to strike will be denied as moot.
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damaged and destroyed." (Am. Compl.

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Maryland Law