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Property Insurance Suit Dismissed Based on the Marring Exclusion

Obtained the dismissal of a first-party property insurance lawsuit based on the marring exclusion in the policy. ​Dismissal was prior to any discovery. The plaintiff sought insurance benefits for damage that resulted from an object that was dropped on and damaged interior tile. As a result of the dropped object, the plaintiff claimed $46,004.15 in damages. David argued, and the court agreed, it could be determined from the pleadings that the exclusion applied and discovery was not necessary. A proposal for settlement was previously filed and rejected by the plaintiff, which should allow for our client to recover the fees and costs incurred. 

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