Kirk, et al. v. Allstate Insurance Company

Thursday September 10, 2020

Sajid Islam obtained a successful result in the Michigan Court of Appeals where the Court affirmed the trial court’s Order granting Allstate’s motion for summary disposition. Specifically, the plaintiffs sought homeowner’s insurance benefits for damage to their property, which allegedly occurred suddenly and without warning. Sajid filed a motion for summary disposition arguing that the claim was excluded under several provisions of the policy, as the damage to plaintiffs’ property was the result of wear and tear, water damage, rust, corrosion and failure to maintain over the course of several years predating the date of loss. The trial court granted Sajid’s motion for summary disposition dismissing plaintiffs’ claims with prejudice.

The plaintiffs appealed the trial court’s decision alleging that the trial court erred in granting the motion for summary disposition, as the exclusions contained in the policy were ambiguous and the claims should not have been excluded under the terms of the policy. Sajid filed an appellate brief and presented oral arguments arguing that the exclusions were not ambiguous as they were subject to just one reasonable interpretation. Sajid further argued that there was no genuine issue of material fact that the plaintiffs’ claims were caused by long-standing issues and did not occur suddenly and without warning. The Court of Appeals agreed and affirmed the trial court’s decision.

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