Michael F. Schmidt Obtains Summary Disposition in Insurance Coverage Breach of Contract, Business Defamation and Fraudulent Misrepresentation Claim

Away Home, Inc. v Esurance Insurance Company, Livingston County Circuit Court, we represented Esurance Insurance Company in regard to the complaint by Away Home, Inc. individually and as assignee of the insured, Marie Harrington.  The claim arose out of a water damage claim to Harrington’s home.  That claim proceeded to appraisal and thereafter there was an additional claim for alternative living expenses.  After discovery, we filed a motion for summary disposition on the basis that there was no issue of fact and Esurance was entitled to summary disposition as to all four counts of the complaint.  After substantial briefing and oral argument, the court granted summary disposition to Esurance in a 19-page written opinion that Esurance did not breach the contract by failing to pay ALE coverage, that there was no defamation by Esurance in denying the claim, that the claim for breach of duty of good faith and fair dealing failed to state a claim under Michigan law, and that there was no fraudulent misrepresentation.  In addition, the court also denied the plaintiff’s motion to amend its pleadings for a third time on the basis that it would be futile.