Michael F. Schmidt And Nathan Peplinski Obtain Summary Judgment On Insurance Coverage Case For Claimed Homeowner Loss In U. S. District Court
Yvette Williams v Nationwide Mutual Fire Insurance Company, U. S. District Court for the Eastern District of Michigan, Case Number 12—13904. Suit by plaintiff seeking recovery for alleged water damage to her home pursuant to a homeowner policy issued by Nationwide. Plaintiff sought damages in excess of $280,000. Following discovery including the depositions of the plaintiff and several witnesses and multiple discovery motions against the plaintiff resulting in two orders for sanctions, we filed a motion for summary judgment arguing that there was no coverage because the plaintiff failed to supply a timely proof of loss, the plaintiff failed to comply with the condition precedent for coverage to inform Nationwide of the change in use or occupancy in the insured premises, the plaintiff neglected the property, failed to take reasonable steps to protect it after the loss and made misrepresentations in the claim. Following briefs of both parties, and oral argument, the court granted summary judgment to Nationwide in an eleven page written Opinion on the basis that the proof of loss was not submitted as required by the policy.