Emma Bradbury recently won a motion for summary judgment, resulting in complete dismissal of the case against a client. The petitioners brought a case in equity requesting the court declare that they were assignees of an insurance contract and issue an injunction preventing the insurance company from enforcing a contractual two-year limitation period for bringing insurance claims. The underlying case involved a contractual dispute regarding property damage repair services between petitioners and the client’s insured.
Emma filed a motion for summary judgment arguing for dismissal on several grounds. First, the petitioner’s claims for relief were not appropriate for the court of equity because the issues were reserved for the court of law in an ongoing case. Second, even if petitioners were assignees they did not comply with the terms of the contract to obtain recovery. And finally, the petitioners did not establish the requisite basis for injunctive relief. The petitioner chose not to file any resistance, and the Court subsequently granted Emma’s motion and dismissed the case.
LR Contracting, Inc. and Tremaine Enterprises, Inc., v. State Farm, Polk Co. Case No. EQCE088867