Michael F. Schmidt And Nate Peplinski Obtained Summary Disposition On First Party Property Loss Insurance Claim
Monica Ayala v Meemic Insurance Company, plaintiff sought reimbursement for damage to her home from water and sewage. After discovery including the deposition of the plaintiff, we filed a motion for summary disposition on the basis that coverage was excluded based on the plaintiff’s testimony and an affidavit from the plumber. We argued that coverage was excluded by the water damage exclusion for water that backs up through sewers or drains, from the exclusion for wear and tear, deterioration, latent defect and mechanical breakdown, and the exclusion for release, discharge, dispersal, seepage, migration or escape of pollutants or contaminants. The plaintiff argued that there were questions of fact as to the cause of the damage. We argued that there could be no question of fact and that under the only facts at issue there was no possible coverage due to the exclusions. The trial court agreed and granted summary disposition dismissing the plaintiff’s complaint and claim.