Michael F. Schmidt Obtains Summary Disposition As To Claim For Alleged Theft Loss

Manal Elia and Fares Elia v Depositors Insurance Company, Macomb County Civil Action Number 13—4271—CK. Suit by plaintiffs alleging a theft loss from their home pursuant to a homeowner policy issued by Depositors Insurance Company. Depositors investigated the claim and noticed the EUOs of the plaintiffs. The EUO of the first plaintiff was not completed due to objection by plaintiffs’ attorney. Depositors then denied the claim. The plaintiffs then filed suit seeking coverage for their alleged loss.

We filed a motion for summary disposition on the basis that there was a misrepresentation in the application and thus the policy was rescinded, that there were false statements made in the claim contrary to a policy condition and that the EUO was improperly terminated. The plaintiffs filed a response brief, we filed a reply brief and the court held oral argument. The court then issued a nine page Opinion and Order granting our summary disposition on the basis that the policy was properly rescinded and there was no need for the court to consider the other two issues raised.