HM&B Secures Motion for Summary Judgment

Plaintiffs claimed that our client, American Integrity, breached the contract when it did not issue payment for reported roof damage. Plaintiffs filed a Complaint alleging a date of loss that did not match the date of loss reported to American Integrity. Through Motion practice, Plaintiffs were allowed to amend their Complaint 3 times, yet each time continued to plead the incorrect date of loss. Nikki Hawkins secured summary judgment on behalf of our client. The Court agreed there could be no “breach” when the carrier had no opportunity to investigate the date of loss contained within Plaintiffs’ Second Amended Complaint.