Michael F. Schmidt Obtains Summary Judgment In Declaratory Action

Nationwide Property & Casualty Insurance Company v James Brown, U. S. District Court for the Eastern District of Michigan. Nationwide insured James Brown for a claim for water damage to his home. After extensive discovery we filed a motion for summary judgment on the basis that there were misrepresentations in the application for the insurance policy, that coverage was excluded by the neglect exclusion, that the insured failed to comply with the policy conditions regarding protecting the property from further damage and also failed to comply with the policy condition regarding cooperation. The insured filed a counterclaim for damages in excess of $300,000. After reviewing our motion and brief for summary judgment, the defendant’s reply brief and having heard oral argument, the court issued a written opinion finding that the insured had made misrepresentations in the application and that the insured failed to cooperate in the claims process voiding the policy and denying coverage and determined that there was no necessity to discuss the other issues raised. The court further ordered that Nationwide was entitled to reimbursement from the insured of the $41,560.18 paid on the claim less the premiums paid.