Michael F. Schmidt Obtains Summary Disposition Enforcing Insurance Policy Condition Requiring Protective Safeguards Where Insured Failed To Have An Operating Fire Alarm System
Stephanie Dunbar d/b/a Sassy But Classy Hair Salon v AMCO Insurance Company and Steve Paquette, Wayne County Circuit Court. Claim by plaintiff, Stephanie Dunbar d/b/a Sassy But Classy Hair Salon, for fire loss damage to her hair salon business. After discovery we prepared and filed a motion for summary disposition on behalf of the defendants arguing that the claim was barred by plaintiff’s failure to comply with the protective safeguards endorsement in the policy, which provided that in return for a decreased premium, the insured agreed as a condition of the policy that she would maintain an automatic fire alarm system protecting the premises. We determined through discovery that the insured had failed to obtain or maintain an automatic fire alarm system of any type including at the time of the fire. The case was dismissed in response to our motion for summary disposition.