Michael F. Schmidt Obtains Summary Disposition On Claim For Additional Property Loss Under A Homeowners Policy After A Fire

La Tanya Hurt v Depositors Insurance Company, Wayne County Circuit Court. Plaintiff filed suit for appointment of an appraiser to determine additional property loss from a house fire on a homeowner policy issued by Depositors Insurance Company resulting from a fire in April, 2012. After discovery we filed a motion for summary disposition on the basis that Depositors had already fully paid the claim and that the additional claim was barred because the plaintiff had failed to file a proof of loss, had failed to bring suit within one year after the date of loss with the time tolled from the time the insured notified the insurer of the loss until the insurer formally denied liability, and had failed to comply with the policy condition to make any additional claim for personal property within one year plus 180 days after the date of the loss. The plaintiff filed a response brief, we filed a reply brief and after the court heard oral argument, the court granted our motion for summary disposition based on the policy defenses.