Christopherson v. American Strategic Ins. Co.

Dist. Ct. did not err in granting defendant-insurance company's motion for summary judgment in plaintiff-insured's action alleging that defendant had failed to pay expenses covered by insurance policy for damages associated with two incidents in which tree fell on plaintiff's home and eventually rendered said home uninhabitable. While plaintiff alleged that defendant breached contract by failing to pay $37,575 for roof reconstruction, $2,580 for damages to home's siding, and unspecified amount for additional living expenses, no breach occurred, where policy required that plaintiff actually incur said expenses and then seek recovery from defendant, and plaintiff had not paid said expenses prior to seeking recovery of same from defendant. Also, with respect to plaintiff's claim for additional living expenses, record showed that plaintiff had not yet submitted said expenses to defendant, and thus plaintiff could not establish any wrongful denial of said expenses. Moreover, record showed that defendant had paid applicable limit under insurance policy.