ead the assignment memo from the supervising attorney that includes all the available facts of the case.

If additional facts are needed, note this in the recommendations section of the memo.

When preparing the heading of each assignment, use "Supervisory Attorney" on the "To" line, and your name after the "From."

Following the assignment is a reference to the applicable enacted and case law. In some assignments, the case citation includes a reference only to the regional reporter citation; the state reporter citation is not included. Use only the citation presented in the assignment. There is a case in Appendix A.

The first time you cite the opinion, use the citation format you are given for the opinion in the assignment.

For Example Britton v. Britton100 N.M. 424, 671 P.2d 1135 (1983) (as cited in Assignment 5).

This is how you should cite this opinion the first time it is used in the memorandum. When you need to quote from an opinion in the memo, use a blank line to indicate the page number from which the quotation was taken.

For Example Britton, 100 N.M. at ___, 671 P.2d at __, or Id. at ___,

You may, but are not required to, do not conduct additional research.

If you do conduct any additional research, be sure to include citations to any cases or statutes located.

Complete the assignment using the facts, enacted law, and case law contained in each assignment.

MEMORANDUM

To: [Your name] From: Supervising Attorney Alice Giffin Re: Espinosa v. Capital Insurance Contract Breach

We represent Emilio Espinosa. On May 2nd of this year, Mr. Espinosa purchased a home from First City Bank. On that date he purchased homeowner insurance from Capital Insurance Company. The Bank had foreclosed on the home March 15, forty-eight days prior to Mr. Espinosa's purchase. Mr. Espinosa did not plan to move into the home until July 1st. On June 5, thirty-four days after Mr. Espinosa purchased the home and signed the homeowner insurance contract with Capital Insurance, copper thieves broke into the home, tore into the walls and ceiling, and stole the copper water pipes. There was extensive damage to the walls and ceiling and water damage to the carpet. The estimated repair costs were $19,000.

The house was vacant from March 15, the date of the foreclosure until the date of the damage; a period of eighty-two days. Paragraph 20 of the insurance contract Mr. Espinosa signed with Capital Insurance excludes from coverage loss caused by "theft or attempted theft, damage by burglars,...if the described location: is held as a residence and has not been occupied as a residence for more than 60 consecutive days immediately before the loss."

Capital Insurance is denying coverage based upon this section of the contract.

Please check the statutory and case law to determine whether Capital Insurance can deny coverage based upon this section.

Statutory Law: For the purposes of this assignment, there is no statutory law that applies.

Case Law:Pappas Enterprises, Inc. v. Commerce & Industry Insurance Co.,422 Mass. 80, 661 N.E.2d 81 N.E.2d 953 (1996) (see Appendix A in the Texbook).

Also, during our research, we found two additional cases that appear to be on point:

In re Appeal by McCrary_ 112 N.C. App. 161.PDF

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Carvalho v. Homesite Ins. Co._ 2010 Pa. Dist. & Cnty. D.PDF

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NOTE: We could find no Wisconsin cases on point.

Contact information:

Alice Giffin, Partner

Meltzer, Olig, and Giffin

369 Vine St.

Antigo, WI 54409

Phene 715-555-3582

Fax: 715-555-7412

www.agp-law.com

Capital Insurance Company

Bertie James, Director of Claims Denial

5876 S. Washington

Madison, WI 53706

Phone: 608-121-5478

Fax: 608-121-5479

www.capitalinsurance.com