Gulino v. Economy Fire and Casualty Company

Court improperly granted summary judgment in favor of insurer on homeowner's breach of contract claim for insurer's refusal to cover loss from water damage to basement of his residence. Evidence showed that several thousand pounds of paper were in stacks throughout first floor of house. Evidence supports contention that portion of basement ceiling did cave in, and "collapse" is a loss covered under policy. Genuine issue of material fact exists as to cause of loss. Court is not to make credibility determinations or weigh evidence at summary judgment stage. (CUNNINGHAM, concurring; QUINN, dissenting.)