United States District Court, S.D. Florida
OPINION ORDER GRANTING DEFENDANT'S MOTION FOR
N. Scola, Jr. United States District Judge
Plaintiffs Moshe and Jennifer Lehrfield (the
“Lehrfields”) bring this suit to recover benefits
allegedly owed under an insurance policy (the
“Policy”) issued by Defendant Liberty Mutual Fire
Insurance Company (“Liberty Mutual”).
Mutual now moves for summary judgment on the Lehrfields sole
claim for breach of contract (the “Motion, ” ECF
No. 33). Having carefully considered the parties'
submissions, the record in this case and the applicable law,
the Court grants the Motion (ECF No.
33) as set forth below.
opposition to the Motion, the Lehrfields failed to respond to
the statement of material facts proffered by Liberty Mutual
in support of its Motion. The Court therefore treats those
facts as undisputed. Fed.R.Civ.P. 56(e)(2) (where a party
fails to properly address another party's assertion of
fact, the court may treat that fact as undisputed in
resolving a motion for summary judgment); S.D. Fla. L.R.
56.1(b) (“All material facts set forth in the
movant's statement filed and supported as required above
will be deemed admitted unless controverted by the opposing
party's statement, provided that the Court finds that the
movant's statement is supported by evidence in the
record.”). The following is a summary of only those
undisputed facts that are material to this opinion.
The Undisputed Material Facts
Lehrfields own a home (the “Property”) in
Miami-Dade County, Florida. (ECF No. 33 at p. 20.) From
January 27, 2017 through January 27, 2018, the Lehrfields
insured the Property through the Policy, which was issued by
Liberty Mutual. (Id.) The Policy imposed a duty on
the Lehrfields to promptly notify Liberty Mutual of a
suspected covered loss:
Your Duties After Loss. In case of a loss to
covered property, we have no duty to provide coverage under
this Policy if failure to comply with the following duties is
prejudicial to us. These duties must be performed either by
you, an "insured" seeking coverage, or a
representative of either:
a) Give prompt notice to us or your insurance agent.
(1) to the degree reasonably possible, retain the damaged
(2) allow us to inspect, subject to b. (1) above, all damaged
property prior to its removal from the "residence
(ECF No. 33 at p. 54.)
about April 5, 2017, the Lehrfields discovered a water leak
under their kitchen sink. (ECF No. 35 at ¶ 3.) Watermen
Plumbing repaired the leak that same day. (ECF No. 33 at p.
83.) Liberty Mutual was not afforded an opportunity to