January 2023

Wayne Taylor, and Sarah MacKimm obtained an order granting summary judgment in favor of State Auto Property and Casualty Insurance Company in the State Court of Clayton County, Georgia. This matter involved a claim by the insured for coverage under a property insurance policy issued by State Auto for damages allegedly suffered as a result of a failed water line and a plumbing leak. Not only did plaintiff bring claims for breach of contract and bad faith against State Auto, but plaintiff also asserted claims for personal injury as a result of the claimed property damages. In granting State Auto’s motion for summary judgment, plaintiff failed to present any evidence showing that the claimed damages resulted from a covered cause of loss after State Auto showed presented expert testimony that the damages were caused by excluded settlement. Therefore, plaintiff’s other claims alleging bad faith claim handling and damages for personal injury also were dismissed.