United States District Court, E.D. Michigan, Southern Division
Stephanie Dawkins Davis U.S. Magistrate Judge.
ORDER DENYING IN PART AND GRANTING IN PART
DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
J. Tarnow Senior United States District Judge.
Nancy Varner filed this action in Wayne County Circuit Court
on March 11, 2016 alleging claims of breach of contract
(Count I) and misrepresentation and fraud (Count II) against
Defendants State Farm Fire & Casualty Company
(“State Farm”) and C Knight Insurance Agency
(“C Knight”). Defendant C Knight was dismissed on
January 6, 2017. Defendant State Farm removed the case to
this Court on January 11, 2017.
April 4, 2017, Defendant filed a Motion for Summary Judgment
. Plaintiff filed a Response  on April 20, 2017.
Defendant filed its Reply  on May 1, 2017.
hearing was held on the Motion on December 7, 2017. Per the
Court's request at the hearing, Defendant filed a
Supplemental Memorandum  on December 13, 2017 and
Plaintiff filed a Response to the Memorandum  on December
reasons stated below, Defendant's Motion for Summary
Judgment is DENIED in part with respect to
Count I and GRANTED in part with respect to
has been living at 17691 Hamilton since 1978 and has been
insured with Defendant since 1991. As of 2013, Plaintiff
received homeowners' insurance coverage through
Defendant's agent, C Knight.
pertinent part, Section I - Additional Coverages, ¶ 11
of the applicable Insurance Policy (“Policy”)
Collapse. We insure only for direct physical
loss to property involving the sudden, entire collapse of a
building or any part of a building. Collapse means actually
fallen down or fallen into pieces. It does not include
settling, cracking, shrinking, bulging, expansion, sagging or
bowing. The collapse must be directly and immediately caused
only by one of more of the following . . . (e) weight of ice,
snow, sleet or rain which collects on a roof . . . .
Section I - Conditions, ¶ 6 of the Policy provides:
Suits Against Us. No action shall be brought
unless there has been compliance with the policy provisions.
The action must be started within one year after the date of
loss or damage. In the event a claim is formally denied, in
whole or in part, the period of time in which a suit or
action may be commenced against the company is extended by
the number of days between the date the notice of the loss is
provided to the company and the date the claim is formally
about February 28, 2014,  while the Policy was in force,
Plaintiff suffered a loss that she submits was caused by snow
and ice accumulation on the roof of her home. Amend. Compl.
at ¶ 13. Plaintiff alleges that the weight of the snow
caused beams supporting the columns on the basement wall,
exterior wall, second floor, and roof to collapse.
does not recall the exact date that she discovered the damage
to her home. In February 2014, Plaintiff began to notice
cracks in the walls. Also in 2014, Plaintiff hired a company
to repair the roof. Sometime prior to June 4, 2015, Plaintiff
noticed that three sliding doors in her home were not working
notified Defendant of the damage to her home on June 4, 2015.
Plaintiff acknowledged that she alerted Defendant of the
damage several months after the damage actually occurred.
Plaintiff testified that she did not give Defendant immediate
notice of the damage because of her husband's passing on
December 14, 2013.
13, 2015, Defendant's representative, David Walegna,
conducted an inspection of the property. Walegna concluded
that the structural damage was the “result of multiple
latent construction defects individually or in concert”
and there was “no proximate causal relationship between