This lawsuit arises from a claim for damage to the Insured property reportedly occurring on August 4, 2020, but not reported to Defendant until February 23, 2021. Dissatified with the carrier’s coverage determination Plaintiff initiated litigation claiming a date of loss occurring on August 20, 2020. The affidavit of Defendant’s Corporate confirmed that Plaintiffs never reported a claim for damages to the property occurring on August 20, 2020. At the evidentiary hearing, Partner Nikki Hawkins was able to show that there was no testimony or evidence showing that Plaintiff reported a claim for damages to the Property occurring on August 20, 2020. However, Plaintiffs’ initial Complaint, Amended Complaint and Second Amended Complaint all alleged damage occurring to the property on August 20, 2020. Plaintiffs’ Second Amended Complaint alleged that the claim occurred on August 20, 2020. However, the evidence shows that Plaintiffs did not report a claim with a date of loss occurring on August 20, 2020, to Defendant. Defendant did not have the opportunity to investigate, evaluate and adjust a claim for the date of loss occurring on August 20, 2020. Therefore, Defendant could not have breached the policy. Defendant’s Motion To Dismiss And For Summary Judgment Of Plaintiffs’ Second Amended Complaint Or in the alternative Motion For Judgment On The Pleadings Of Plaintiffs’ Second Amended Complaint was thereby granted.
