Articles & Updates

"U.S. District Court Grants Motion and Summary Judgment Against Plaintiffs In A Multi-Million Dollar Property Damage Case"

On March 22, 2018, the U.S. District Court for the Western District of Missouri ordered Summary Judgment in Brighton Crossing Condominium Association et al v. American Family Mutual Insurance Company, No. 4:15-cv-00887 (W.D. Mo. Mar. 22, 2018). After conducting extensive discovery by both parties, Defendant focused a strategy on a broad Daubert Motion seeking to exclude Plaintiffs’ Expert and his opinions on grounds of lack of methodology and missing evidence as well as an extensive Summary Judgment Motion to emphasize how the insurance adjusters acted reasonably in handling the claim.

It is also important to note that part of Plaintiffs damage theory included an alleged color matching issue with the color of existing vinyl siding with the color of new siding. In interpreting the insurance policies, the District Court concluded that the policies did not require the insurance company to replace the siding with identical siding or to replace siding that had faded due to normal wear and tear.

For a detailed analysis on how the Courts' opinions in Brighton Crossing Condominium Association et al v. American Family Mutual Insurance Company may impact current and future coverage decisions, please give us a call. Ask for Robert J. Wulff or Benjamin M. Fletcher.

 

 

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