Dismissal Obtained in Breach of Contract Action – Orange County

On August 28, 2023, Butch Mathenia, Esq. of Scarborough Attorneys at Law obtained a dismissal in a breach of contract action on behalf of the Defendant insurer. Plaintiff’s Complaint, filed in Orange County, alleged breach of an insurance contract due to the Insurer’s failure to pay Plaintiff, glass shops invoice in full. Mr. Mathenia, on behalf of the defendant insurer moved for dismissal arguing that Plaintiff glass shop did not comply with the properly invoked appraisal provision within the subject insurance policy, a mandatory condition precedent to bringing suit. At hearing, Mr. Mathenia argued that the insurance policy was incorporated into Plaintiff’s Complaint by reference and that the Court could consider the policy when ruling on the Motion to Dismiss. Mr. Mathenia argued that the Policy contained a valid and enforceable appraisal provision, which was properly invoked prior to the Plaintiff filing suit, and that the policy also contained a Legal Action Against Us clause, precluding litigation until all conditions precedent were met before suit can be filed against the insurer. The Court agreed with Mr. Mathenia, that the appraisal provision within the subject policy is a mandatory condition precedent to instituting and/or maintaining legal action against the insurer. The Court dismissed the matter without prejudice and directed the clerk to close the file. Mr. Mathenia’s legal research skills allowed him to identify and present caselaw to the Court in support of his position, resulting in a timely and cost-effective resolution for the client.