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Kalakowsky v. Allstate Property & Casualty Insurance Co.

Superior Court of Maine, Cumberland

September 1, 2017

ADAM KALAKOWSKY et al. Plaintiffs
v.
ALLSTATE PROPERTY & CASUALTY INSURANCE COMPANY Defendant

          WILLIAM GALLITTO III, ESQ BERGEN & PARKINSON.

          MATTHEW THOMAS MEHALIC, ESQ NORMAN HANSON & DETROY LLC.

          ORDER AND JUDGMENT

          A. M. Horton, Justice.

         This 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. 7(b)(7).

         Background

         The following facts are undisputed for purposes of the Motion, except as noted:

         Plaintiffs 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).

         During 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."

         On May 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 record.

         Allstate 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.

         On July 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 letter.

         The Kalakowskys' complaint in this case was docketed May 12, 2017.

         Standard of Review

         "The 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. ...


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