United States District Court, E.D. Missouri, Eastern Division
OPINION, MEMORANDUM AND ORDER
EDWARD AUTREY UNITED STATES DISTRICT JUDGE
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.
Complaint alleges the following:
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
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.
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.
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
conditions precedent to obtaining payment of benefits under
the Policy have been complied with, ...