MICHAEL F. SCHMIDT AND NATE PEPLINSKI OBTAIN AFFIRMATION OF SUMMARY DISPOSITION FROM THE MICHIGAN COURT OF APPEALS DENYING PLAINTIFF’S CLAIM FOR ADDITIONAL PROPERTY LOSS UNDER A HOMEOWNERS POLICY AFTER A FIRE
Latonya Hurt v Depositors Insurance Company, unpublished per curiam decision of the Michigan Court of Appeals Docket No. 346995 (2020). Plaintiff filed suit to obtain additional property loss from a house fire pursuant to a homeowner policy issued by Depositors Insurance Company. We obtained summary disposition on the basis that the additional claim was barred because the plaintiff failed to file a proof of loss and failed to comply with the policy condition regarding making any additional claim for personal property within one year plus 180 days after the date of loss. The Court of Appeals affirmed in an 8-page per curiam decision holding that pursuant to the policy, Depositors requested that the plaintiff file a proof of loss and despite plaintiff’s claim that she did not receive the request, the court held that since the defendant established that it mailed the request to the plaintiff this satisfied defendant’s duty per the policy condition. This is a very important ruling regarding the insured’s and the insurer’s duties regarding proof of loss. The court further agreed that according to the record, the plaintiff failed to comply with the policy condition regarding the time for making the claim for replacement costs.