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Dorra v. Rockhill Insurance Co.

United States District Court, S.D. Florida

September 9, 2019

MAXIMO DORRA, Plaintiff,
v.
ROCKHILL INSURANCE COMPANY, Defendant.

          ORDER

          RODNEY SMITH, UNITED STATES DISTRICT JUDGE

         THIS CAUSE is before the Court on Plaintiff Maximo Dorra's (“Plaintiff”) Motion for Partial Summary Judgment, filed on June 10, 2019 (ECF No. 32) (“Motion”). Defendant Rockhill Insurance Company (“Defendant”) filed its Response on June 24, 2019 (ECF No. 40) (“Response”). Plaintiff did not file a reply. The Court has carefully reviewed the Motion, the Response, all supporting and opposing submissions, and the record as a whole. For the reasons set forth below, Plaintiff's Motion is GRANTED IN PART and DENIED IN PART.

         I. BACKGROUND[1]

         On September 10, 2017, Hurricane Irma made landfall on South Florida, causing damage to property then owned by Plaintiff located at 16426 NE 32nd Avenue, North Miami Beach, Miami- Dade County, FL 33160 (the “Property”) (ECF No. 31-2 at ¶¶ 4-5). The Property was covered for hurricane-related damages by Plaintiff's insurance policy with Defendant, Policy Number RCPKORC01057301 (the “Policy”), with effective dates of May 11, 2017 to May 11, 2018 (ECF No. 10 at 6-7; ECF No. 31-1 at 13). As set forth in the statement of undisputed material facts, the Policy contains the following relevant provisions:

         SECTION I - PERILS INSURED AGAINST

A. Coverage A - Dwelling And Coverage B - Other Structures
1. We insure against direct physical loss to property described in Coverages A and B.
(…)
SECTION I - CONDITIONS
C. Duties After Loss
In case of a loss to covered property, we have no duty to provide coverage under this policy if the 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:
1. Give prompt notice to us or our agent, except that a claim, supplemental claim or reopened claim for loss or damage caused by hurricane or other windstorm must be given to us in accordance with the terms of this policy within three years after the hurricane first made landfall or a windstorm other than hurricane caused the covered damage. (Supplemental claim or reopened claim means an additional claim for recovery from us for losses from the same hurricane or other windstorm which we have previously adjusted pursuant to the initial claim.) This provision concerning time for submission of a claim, supplemental claim or reopened claim does not affect any limitation for legal action against us as provided in this policy under the Suit Against Us Condition, including any amendment to that condition.
(…)
5. Cooperate with us in the investigation of a claim;
(…)
7. As often as we reasonably ...

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