C. Brock Law PLLC

Summary Judgment

Senior Associate Taylor Claudon obtained a favorable result in a first-party property matter styled Linder, Charles and Paula v. Defendant Insurance Company. Plaintiff filed suit against Defendant Insurance Company alleging Defendant breached the insurance policy by not providing coverage for alleged damages to the Plaintiff’s property. The Plaintiff specifically claimed that on July 18, 2021, a windstorm occurred at the Plaintiff’s property, causing damage to the roof and subsequent water damages to the interior of the property. However, after Defendant received Plaintiffs’ insurance claim, Defendant conducted an inspection of the Plaintiffs’ property and concluded that the alleged damages to the property were caused by wear, tear, and age-related deterioration of the roof, which are not covered under the Plaintiffs’ homeowners insurance policy.

Defendant filed its Motion for Summary Judgment, arguing that Plaintiff bears the burden to establish that a windstorm first damaged the property, causing an opening, which rain entered, and damaged the interior of the Plaintiffs’ property. The Defendant further argued that the Plaintiff cannot establish that the roof was damaged by a covered peril under the homeowners’ insurance policy. In addition, the Defendant argued that the only visible damage to the roof was the result of wear, tear, and age-related damage, which is excluded under the Plaintiffs’ policy. Therefore, Defendant argued that Plaintiff cannot establish a covered loss under the Policy. The Court agreed with Defendant and entered an Order for Final Summary Judgment in favor of the Defendant. Plaintiff initially demanded $85,000. Read More.