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Endeman v. Liberty Ins. Corp.

Insurer Granted Summary Judgment; GBL, Contract Claims Untimely Under Reduced Limit Period

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MEMORANDUM DECISION and ORDER I. INTRODUCTION On January 18, 2018, plaintiff Kyle Endemann (“Endemann” or “plaintiff”) filed a complaint against defendant Liberty Insurance Corporation (“Liberty” or “defendant”). Plaintiff brought four causes of action: (1) a request for declaratory relief; (2) breach of contract; (3) breach of the covenant of good faith and fair dealing; and (4) a violation of New York General Business Law (“GBL”) §349. At bottom, plaintiff claims that defendant, as plaintiff’s insurer, failed to provide coverage and subrogation for water damage he sustained to his house on February 21, 2014. On February 21, 2022, at the close of discovery, Liberty moved for summary judgment against Endemann’s complaint under Federal Rule of Civil Procedure (“Rule”) 56. On April 11, 2022, plaintiff cross-moved to preclude the testimony of defendant’s expert witness, Stephen Johnson. The cross motions, having been fully briefed, will now be decided on the submissions and without oral argument. II. BACKGROUND1 On February 21, Endemann’s house sustained water damage, either from a sump pump backup or from an overflow of his daylight drain. Dkt. 146-2, Defendant’s Statement of Material Facts (“DSMF”),

2, 7; Dkt. 146-6, p. 10.2 At the time, plaintiff’s house was covered by a homeowners insurance policy issued by Liberty. DSMF 1. In short order, Endemann hired Darin Checchia (“Checchia”) as a public adjuster. DSMF

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