Tom Moody Obtains Third 2022 Summary-Judgment Victory in Case Challenging a Denial of Coverage for Alleged Hurricane Property-Damage

July 28, 2022 / News

Clausen Miller attorney Tom Moody defended his client against a claim alleging breaches of an insurance policy when United States District Judge Rodolfo A. Ruiz II granted his motion for summary judgment.

In Janna Karpovtseva v. AIG Property Casualty Company, the plaintiff claimed that AIG improperly denied her first-party property insurance claim. Specifically, on Aug. 27, 2020, the plaintiff filed a claim seeking coverage because her property allegedly was damaged by Hurricane Irma on Sept. 10, 2017. AIG declined to cover the damage, as the policy required that the policyholder provide AIG “prompt notice” of loss to the property.

The defense argued that the plaintiff failed to provide prompt notice as the claim was made 1,082 days after the alleged date of loss. Additionally, an expert witness retained by the defense to inspect the plaintiff’s property was unable to attribute any roof damage to Hurricane Irma, instead stating that the roof’s condition was due to normal wear and tear. After the defense successfully moved to strike the plaintiff’s expert witnesses, the plaintiff was unable to provide adequate evidence to prove that Hurricane Irma caused the damage to her property.

Judge Ruiz II ruled that there is no disputed issue of material fact regarding causation and granted the defense’s motion for summary judgment.

Tom focuses his practice on civil-litigation defense, with an emphasis on first-party property disputes. He also has extensive experience successfully representing civil defendants in matters including insurer bad faith, commercial-premises liability, professional liability and malpractice, governmental-entity liability, pre-suit coverage analysis, admiralty and maritime claims, wrongful-death claims, and personal injury claims.

ABOUT CLAUSEN MILLER P.C.
Clausen Miller is an insurance and defense law firm recognized as one of the top 10 Insurance Practice firms in the nation. Clausen Miller has offices in Chicago, Illinois; New York, New York; Orange County and San Francisco, California; Florham Park, New Jersey; Michigan City, Indiana; Appleton, Wisconsin; Stamford, Connecticut; Tampa, Florida; and London, England with affiliates located in Belgium, France, and Italy. Clausen Miller represents large commercial and personal lines insurance carriers, including reinsurers, throughout the United States and in Europe. Clausen Miller’s attorneys generally practice in all areas of Insurance Coverage, all areas of Professional Liability and Casualty Defense, Subrogation, and Appeals.

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