CLAY D. LAND, District Judge.
Plaintiff Henry Campbell's ("Campbell") house was damaged by a fire. Campbell claims that the house was covered by an insurance policy issued by Defendant Assurance Company of America ("Assurance") but that Assurance denied coverage. Assurance contends that Campbell's loss was not covered by the insurance policy, so Campbell's breach of contract claims fails as a matter of law. For the reasons set forth below, the Court agrees with Assurance and therefore grants Assurance's Motion for Summary Judgment (ECF No. 26).
Campbell purchased Builder's Risk insurance policy number ER67529760 (the "Policy") from Assurance to cover his residence at 1281 Elm Street in Woodville, Georgia (the "Property"). Campbell applied for the Policy through an insurance agent. Campbell's application states that the "Type of project" was "New construction." Def.'s Mot. for Summ. J. Ex. A, Application & Policy 1, ECF No. 26-3 at 1 [hereinafter Policy]. The application states that the construction project had not started and that the construction was "0%" complete. Id. at 2, ECF No. 26-3 at 2.
Assurance issued the Policy, which had a policy period of April 29, 2008 to April 29, 2009. Id. at 7, ECF No. 26-3 at 7. The Policy provided $205,000 coverage for "New Construction." Id. The Policy provided $0 coverage for "Existing Buildings or Structures." Id. The Policy stated that "Covered Property" included:
Id. at 17, ECF No. 26-3 at 17. The Policy further stated:
Covered Property does not include:
Id. at 17-18, ECF No. 26-3 at 17-18. The Policy defined "Existing Inventory" as "buildings or structures where construction was started or completed prior to the inception date of this policy." Id. at 33, ECF No. 26-3 at 33.
On April 8, 2009, a fire damaged the Property. Campbell notified Assurance of the fire loss, and Assurance began adjustment of Campbell's claim. During its investigation, Assurance learned that construction on the Property had begun in 2003 and that work had been sporadic. Assurance hired a construction consultant to determine the amount of damage covered under the Policy. The consultant determined the total loss and also attempted to determine, based on a best-case scenario for Campbell, how much construction was performed on the Property during the Policy period. Campbell asserts that he is entitled to the entire cost of rebuilding the Property. Campbell, however, admitted that construction on the Property was complete when he purchased the Policy in 2008 and that no work was performed on the Property during the Policy period. Campbell Dep. 99:3-10, ECF No. 26-5 ("When I purchased this policy the house was complete.").
An insurer's duty to provide coverage depends on the provisions of the insurance policy. "An insurance company may fix the terms of its policies as it wishes, provided they are not contrary to law, and it may insure against certain risks and exclude others." Al Who Enters., Inc. v. Capitol Indem. Corp., 217 Ga.App. 423, 426, 457 S.E.2d 696, 698 (1995) (internal quotation marks omitted). "Construction of an insurance policy is governed by the ordinary rules of contract construction, and when the terms of a written contract are clear and unambiguous, the court is to look to the contract alone to find the parties' intent." McGregor v. Columbia Nat'l Ins. Co., 298 Ga.App. 491, 496, 680 S.E.2d 559, 564 (2009) (internal quotation marks omitted). "Though exclusions in insurance policies are strictly construed against the insurer, one that is plain and unambiguous binds the parties to its terms and must be given effect, even if beneficial to the insurer and detrimental to the insured." Fid. Nat'l Title Ins. Co. v. OHIC Ins. Co., 275 Ga.App. 55, 57, 619 S.E.2d 704, 706 (2005) (internal quotation marks omitted). The Court must "not strain to extend coverage where none was contracted or intended." Id. (internal quotation marks omitted).
Campbell contends that the Policy is ambiguous and that he intended to purchase insurance coverage both for the existing structure and for any construction that occurred during the Policy period. "Generally, an insured is obligated to examine an insurance policy and to reject it if it does not furnish the desired coverage." Canales v. Wilson Southland Ins. Agency, 261 Ga.App. 529, 530, 583 S.E.2d 203, 204 (2003). Here, the Policy is clear and unambiguous. The builder's risk Policy provided $205,000 coverage for "New Construction" but $0 coverage for "Existing Buildings or Structures." Policy 7, ECF No. 26-3 at 7. The Policy specifically excluded coverage for "Existing building or structure to which an addition, alteration, improvement, or repair is being made, unless specifically endorsed." Id. at 17, ECF No. 26-3 at 17. The Policy also specifically excluded coverage for "Existing Inventory," which the Policy defined as "buildings or structures where construction was started or completed prior to the inception date of this policy." Id. at 18, 33, ECF No. 26-3 at 18, 33. In other words, the Policy on its face unambiguously provided coverage only for new construction and specifically excluded coverage for existing buildings and structures. It is undisputed that construction on the Property was complete before the Policy's issue date and that no construction took place during the Policy period. Therefore, the Policy does not cover the damage due to the April 2009 fire, and Assurance is entitled to summary judgment on all of Campbell's claims against it.
As discussed above, Assurance's Motion for Summary Judgment (ECF No. 26) is granted.
IT IS SO ORDERED.