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.