Draft a demand letter

Draft a demand letter. 

We represent Emilio Espinosa. On May 2

nd of this year, Mr. Espinosa purchased a

home from First City Bank. On that same

date he purchased homeowner insurance

from Capital Insurance Company. The

Bank

We represent Emilio Espinosa. On May

and of this year, Mr. Espinosa purchased a

home from First City Bank. On that same

date he purchased homeowner insurance

from Capital Insurance Company. The

Bank had foreclosed on the home March

15, forty-eight day prior to Mr. Espinosa’s

purchase. Mr. Espinosa did not plan to

move into the home until July 1st. On June

5, thirty-four days after Mr. Espinosa

purchased the home and signed the

homeowner insurance contract with

Capital Insurance, copper thieves broke

into the home, tore into the walls and

ceiling, and stole the copper water pipes.

There was extensive damage to the walls

and ceiling and water damage to the

carpet. The estimated cost of repairs

were $19,000.

The house was vacant from March 15, the

date of the foreclosure until the date of

the damage; a period of eighty-two days.

Paragraph 20 of the insurance contract

Mr. Espinosa signed with Capital

Insurance excludes from coverage loss

caused by “theft or attempted theft,

damage by burglars,..if the described

location is held as a residence and has

not been occupied as a residence for

more than 60 consecutive days

immediately before the loss.”

Capital Insurance is denying coverage

based upon this section of the contract.

The case most on point is Pappas

Enterprises, Inc. v. Commerce & Industry

Insurance Co., 42 Mass. 80, 661 N.E.2d

953 (1996). With language from the case

to back you up, draft a letter to Capital

Insurance Company, located at 50 Sea

Drive, Boston, Massachusetts 02111,

demanding they pay Mr. Espinosa the full

$19,000. Give them thirty days to do so,

and if not, we will take legal action on his

behalf.