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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND DIANE OLIFF-MICHAEL v. MUTUAL BENEFIT INSURANCE CO. : : : Civil Action WMN-01-72 : :

MEMORANDUM Before the Court is Defendant's Motion for Summary Judgment (Paper No. 48). The motion is ripe for decision. Upon a review

of the pleadings and the applicable case law, the Court determines that no hearing is necessary and that Defendant's motion will be denied. I. BACKGROUND On December 23, 1998, Plaintiff's house caught fire and was destroyed. At the time of the fire, Plaintiff was covered by a

homeowner's insurance policy ("Policy") issued by Defendant. Subsequent to the fire, Plaintiff filed claims with Defendant for loss of her residence, loss of her personal property contained therein, and for loss of use of the property, including ongoing living expenses. See Complaint at

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