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Central Reform Congregation v. Affiliated Fm Insurance Co.

United States District Court, E.D. Missouri, Eastern Division

March 30, 2018

CENTRAL REFORM CONGREGATION, Plaintiff,
v.
AFFILIATED FM INSURANCE COMPANY, Defendant.

          OPINION, MEMORANDUM AND ORDER

          HENRY EDWARD AUTREY UNITED STATES DISTRICT JUDGE

         Introduction

         This matter is before the Court on Defendant's Motion to Dismiss, [Doc. No. 12]. Plaintiff opposes the Motion. Defendants have filed a Reply to the Opposition. For the reasons set forth below, the Motion is granted.

         Facts and Background

         Plaintiff's Complaint alleges the following:

         Plaintiff is a nonprofit corporation organized under the laws of the State of Missouri. Defendant is an insurance company organized under the laws of Rhode Island, with its principal place of business in Rhode Island. Defendant does business in this district.

         Plaintiff was insured through a policy of insurance, Policy No. EM368, with Defendant effective January 25, 2012 through January 25, 2013 (the “Policy”). Plaintiff has paid all premiums on the Policy, and the Policy was in full force and effect at all times material hereto.

         On April 28, 2012, CRC's property located at 5020 Waterman Blvd., St. Louis, MO 63108 (the “Property”) suffered damages resulting from a hail storm. Plaintiff timely notified Defendant of the loss.

         On November 3, 2016, Defendant retained Grayco Roofing Consultants (“Grayco”) to perform a roof survey and condition assessment report to evaluate damages attributable to hail impact. Grayco issued a report on November 28, 2016, finding that various portions of the Property had been damaged by hail:

a. “Scattered small dents were observed on the soft aluminum HVAC cooling fins.”
b. “Dents measuring up to 1” in diameter were observed on the soft aluminum exhaust flue caps.”
c. “Denting was observed on the aluminum coping caps installed on the perimeter walls.”
d. “Hail has fallen at this location in the past, this is evident by the denting of the soft metal accessories.”

         All conditions precedent to obtaining payment of benefits under the Policy have been complied with, ...


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