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.
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