ADAM KALAKOWSKY et al. Plaintiffs
ALLSTATE PROPERTY & CASUALTY INSURANCE COMPANY Defendant
WILLIAM GALLITTO III, ESQ BERGEN & PARKINSON.
MATTHEW THOMAS MEHALIC, ESQ NORMAN HANSON & DETROY LLC.
ORDER AND JUDGMENT
case is before the court in regard to the Motion for Summary
Judgment filed by Defendant Allstate Property & Casualty
Insurance Company (Allstate). Plaintiffs Adam and Erin
Kalakowsky oppose the Motion. The court elects to decide the
Motion without oral argument. See M.R. Civ. P.
following facts are undisputed for purposes of the Motion,
except as noted:
Adam and Erin Kalakowsky own and reside at a home at 22 Fox
Run Rd., Windham, Maine. Defendant Allstate is a foreign
insurance company for purposes of the Maine Insurance Code.
See 24-A M.R.S. § 6(2).
some or all of the period between February 28, 2014 and
February 28, 2015, the Kalakowskys were the named insureds on
a homeowners' insurance policy issued by Defendant
Allstate covering the Fox Run Road property. The policy
contains three differently worded limitations provisions, all
of which require any action brought against Allstate to be
commenced within two years of a specified event-"within
two years after the inception of the loss or damage, "
"within two years of the date the cause of action
accrues, " "within twenty-four months next after
inception of the loss."
17, 2014, while the policy was in effect, a severe rainstorm
caused damage to the Kalakowskys' home. At some point
thereafter, the Kalakowskys submitted a claim to Allstate for
the cost of remediating damage. Whether the claim was
submitted orally, telephonically, online or in writing by
mail is unclear because the claim itself is not in the
asserts it received the claim June 27, 2014. At some later
point, an Allstate adjuster came to look at the Kalakowsky
property in connection with the claim. The Kalakowskys say
Allstate initially refused to send anyone to inspect the
property and only later sent an adjuster; Allstate says the
assigned adjuster, Richard Bennett, visited the Kalakowsky
property July 10, 2014.
14, 2014, Mr. Bennett on behalf of Allstate sent the
Kalakowskys a letter indicating that, after review of the
claim, "we were unable to provide coverage for rot
deterioration, " citing specified portions of the
policy. The Kalakowskys do not dispute that they received the
Kalakowskys' complaint in this case was docketed May 12,
function of a summary judgment is to permit a court, prior to
trial, to determine whether there exists a triable issue of
fact or whether the question[s] before the court [are]
solely...of law." Bouchard v. ...