United States District Court, M.D. Florida, Fort Myers Division
OPINION AND ORDER 
POLSTER CHAPPELL UNITED STATES DISTRICT JUDGE
the Court is Plaintiff's Motion for Partial Summary
Judgment (Doc. 41) filed on December 11, 2019, and
Defendant's Corrected Response in Opposition (Doc. 49)
filed on January 9, 2020. For the reasons below, the Motion
case involves an insurance coverage dispute for damages to
Plaintiff's luxury tennis academy and boarding school in
Naples, Florida from Hurricane Irma. Plaintiff-insured Rigby
Enterprises LLC alleges that Westchester Surplus Lines
Insurance Company breached its coverage obligations to Rigby
under a commercial insurance policy for Defendant's
failure to compensate Rigby in the full amount of its damages
and loss resulting from Hurricane Irma.
now moves for partial summary judgment in its favor, raising
one argument - that the undisputed evidence shows that
Defendant undisputedly breached the contract by making a
payment 46 days late under the Policy. Westchester states
that the parties never agreed as to the amount of loss and
therefore Westchester was under no obligation to pay under
the terms of the Policy.
support of summary judgment, Rigby relies on the purportedly
unambiguous Loss Payment clause of the Policy, which provides
a 30-day deadline that Westchester did not meet. The
“Loss of Payment” provision provides:
4. Loss Payment
a. In the event of loss or damage covered by this Coverage
Form, at our option, we will either;
(1) Pay the value of lost or damaged property;
(2) Pay the cost of repairing or replacing the lost or
damaged property, subject to b. below; . . .
b. the cost to repair, rebuild, or replace does not include
the increased cost attributable to enforcement of or
compliance with any ordinance or law regulating the
construction, use or repair of any property.
c. We will give notice of our intentions within 30 days after
we receive the sworn proof of loss . . .
g. We will pay for covered loss or damage within 30
days after we receive the sworn proof of loss, if you have
complied with all of the ...