The 2013 “U.S. News & Best Lawyers” “Best Law Firms” Rankings Has Named Harvey Kruse, P.C. As A “Best Law Firm”
Summary Judgment Obtained By Michael F. Schmidt In U. S. District Court For The Eastern District Of Michigan In A Claim For Property Insurance Coverage For Alleged Water Damage Due To Alleged Snow Load On Roof
Louis V. Telerico and Terri Roeder v Nationwide Mutual Fire Insurance Company, U. S. District Court for the Eastern District of Michigan Northern Division, Case Number 2:11—cv—10702, claim by Louis Telerico and Terri Roeder for alleged damage to a home from alleged snow load damage to the roof. Discovery included depositions of both plaintiffs and their expert. Based upon the plaintiffs’ expert’s testimony and additional discovery we filed a motion for summary judgment on the basis that the plaintiffs’ expert testified that the damage was caused by structural defects. We argued that the policy excluded damages caused by or resulting from any structural defect and in addition that although the plaintiff claimed to have timely filed a proof of loss the plaintiffs’ deposition testimony was to the contrary and the testimony could not be corrected by a later filed affidavit and thus the court also held that the proof of loss was not timely filed as required by the policy condition. Summary judgment was granted as to all claims in a 17 page written opinion written by Judge Thomas L. Ludington.