Bank and Boyd Secure Dismissal

June 10, 2019 | Commercial Litigation

Brian Bank and J’Naia Boyd secured pre-answer dismissal of a breach of contract claim asserted against our client, an insurance carrier.  In the case, the plaintiffs’ home sustained a damage from a fire and submitted a claim to our client under a homeowners policy.  Our client paid the claim in full and the plaintiffs then signed over the benefits to their contractor, who absconded with the funds.  The plaintiffs alleged that our client breached the policy’s implied covenant of good faith and fair dealing by failing to confirm completion of all or any portion of the restoration work before issuing the benefits.  Upon motion, the Court dismissed the claim on the grounds that it was time-barred by the policy’s two-year suit limitation provision, since the lawsuit was commenced more than two years after the fire and payment of benefits.

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