Summary judgment in a fire loss remediation claim.
The plaintiff brought a breach of contract claim against the insurance carrier and the remediation repair company for damages sustained from an alleged faulty remediation effort, after a covered fire loss incident. The insurance carrier filed a motion for summary judgment, invoking the one-year suit limitation clause of the policy. The plaintiff responded by arguing the claim against the insurance carrier fell under Section I of the policy seeking the recovery of depreciation value. The plaintiff asserted that there was ambiguity in the insurance policy with the different sections pertaining the suit limitation clause. The court ruled that no ambiguity existed in the policy read as a whole and granted the carrier’s motion for summary judgment.