Justice Anthony Parga
Insurer Great American Insurance (GMAC) moved for summary judgment in this action by its insured 181 South Franklin Associates to recover for property damages allegedly caused by Hurricane Irene in 2011. 181 alleged it had a policy with GMAC for all risks of loss, yet GMAC refused to pay for damages. GMAC argued the damages 181 complained of preexisted Irene, and were not caused by a covered loss under the policy, but by long term wear and tear, and the owner's failure to maintain the premises. GMAC submitted evidence in which an engineer attested that the type of wind associated with Irene would not cause the observed damage to 181's building. It also submitted an affidavit of an employee of a company inside the building who stated he advised the building owner that the brick façade suffered stress cracks and bent pillars, among other things. 181 argued its loss was not excluded, maintaining it was an all risk policy. The court found GMAC made a prima facie showing of entitlement to summary judgment. It stated 181 failed to submit an expert affidavit in opposition to GMAC's prima facie showing, and the evidence it did submit was insufficient to raise a triable issue of fact to warrant denial of GMAC's motion.
